HomeMy WebLinkAboutCC 1990-02-15 Minutes�C INCORY��►It:►TEI� �'
18 96
-'� MINUTES
OF MEETING HED ON _ �FEBRUARY 15, 1990
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
INDEX
MxNUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
FEBRUARY 15, 1990
.'.
ITEM
SUBJECT
LEGISLATION
jj ►
NO.
1
REAFFIRM THE CITY'S COMMITMENT TO
R 90-138�
HISTORIC PRESERVATION AS SET
2/15/90
FORTH IN THE ZONING ORDINANCE -
_
',
DECLARE THAT OWNER CONSENT WILL
NOT BE A CRITERION FOR THE
j; ,
DETERMINATION OF HISTORIC
_{;
DESIGNATIONS.
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2.
DISCUSSION CONCERNING DONATION OF
DISCUSSION
PROPERTY (A 44-UNIT APARTMENT
2/15/90
BUILDING AT 1334 N. MIAMI AVENUE)
-�
TO THE CITY - DIRECT
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ADMINISTRATION TO ASSESS OFFER
-"
AND COME BACK WITH RECOMMENDATION
REGARDING APPROPRIATE STEPS TO
FOLLOW.
_
3.
ESTABLISH SPECIAL CHARGES, TERMS
R 90-139
AND CONDITIONS FOR USE OF ORANGE
2/15/90
BOWL STADIUM BY UNITED SPORTS OF
AMERICA - FOR 1990 COORS
MOTORSPECTACULAR EXECUTE
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AGREEMENT.
4.
(A) DISCUSSION CONCERNING
APPROPRIATE HANDLING AND/OR
DISPOSITION OF ARTIFACTS
PREVIOUSLY GIVEN TO THE CITY BY
PAN AMERICAN AIRWAYS.
(B) AUTHORIZE EXECUTION OF A
CONSENT FOR COLLATERAL ASSIGNMENT
DISCUSSION
R 90-140
2/15/90
PAGE
NO.
1-4 -�
5
0
7-14
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5. (A) CITY COMMISSION MESSAGE TO M 90-141 15-62
ADMINISTRATION OFFICIALLY STATING M 90-142
ITS POLICY DECISION NOT TO VOTE 2/15/90
TO PLACE ON A REFERENDUM BALLOT
PROPOSED CITY BOND ISSUE TO
SATISFY PRESENT CITY'S UNFUNDED
PENSION LIABILITY.
(B) DIRECT CITY MANAGER TO COME
BACK WITH THREE DIFFERENT BUDGET
REDUCTION PROPOSALS - PROJECTING
A 2 PERCENT, 3 PERCENT, AND 5
PERCENT REDUCTION FOR THIS AND
NEXT FISCAL YEAR BUDGETS.
6. (A) DISCUSSION CONCERNING PROPOSED
DISCUSSION
63-112
FIRST READING ORDINANCE SETTING MAXIMUM
M 90-143
AMOUNT OF TIME CITY COMMISSIONERS MAY
M 90-144
}
SERVE ON CITY BOARDS OR COMMITTEES (See
ORDINANCE
label 7)
10706
(8) SET CEILING ON TOTAL PERSONNEL
2/15/90
COSTS (SALARIES) AT THE MIAMI SPORTS
AND EXHIBITION AUTHORITY.
(C) CITY COMMISSION TO APPROVE
APPOINTMENT OF EXECUTIVE DIRECTOR FOR
THE MIAMI SPORTS AND EXHIBITION
AUTHORITY BY NO LESS THAN 4/5THS VOTE.
(D) EMERGENCY ORDINANCE: AMEND CODE
SECTION 52.6-3 AND 52.6-5 - INCREASE
NUMBER OF VOTING MEMBERS OF MIAMI
SPORTS AND EXHIBITION AUTHORITY - CITY
COMMISSION MEMBER TO SERVE AS
CHAIRPERSON - EXECUTIVE DIRECTOR OF
AUTHORITY TO BE SELECTED BY MEMBERS,
SUBJECT TO CITY COMMISSION APPROVAL.
(See labels 7, 8, 30, and 31).
7. FIRST READING ORDINANCE: SET MAXIMUM
ORDINANCE
112-113
AMOUNT OF TIME A CITY COMMISSIONER MAY
FIRST READING
SERVE ON ANY CITY BOARD OR COMMITTEE -
2/15/90
INSTITUTE REVIEW AT END OF EACH TERM OF
OFFICE. (See label 6A)
8. (A) APPOINT COMMISSIONER DE YURRE AS
R 90-145
113-115
CHAIR PERSON OF THE MIAMI SPORTS AND
M 90-146
7-1I
EXHIBITION AUTHORITY'S BOARD. (See
DISCUSSION
label 6C).
2/15/90
+
(B) MIAMI SPORTS AND EXHIBITION
-�
AUTHORITY TO APPOINT ITS OWN COUNSEL,
SUBJECT TO CITY COMMISSION APPROVAL.
—
(See label 30).
(C) APPOINT JULIO GONZALEZ REBULL,
JR., AS A MEMBER OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY. (See label
yi
31) .
7,1
9. ACCEPT BIDS: (a) COASTAL UNILUBE, INC.,
R 90-147
116-117
AND (b) CONSOLIDATED OIL CORPORATION -
2/15/90
TO FURNISH MOTOR OIL AND LUBRICANTS TO
DEPARTMENTS OF FIRE AND G.S.A./FLEET
��
MANAGEMENT DIVISION.
10. AUTHORIZE ESTABLISHMENT OF AN ANTI -DRUG
R 90-148
117-118
EDUCATION PROGRAM - ALLOCATE FUNDS
2/15/90
($300,000) FROM LAW ENFORCEMENT TRUST
(
FUND, SUBJECT TO CERTAIN CONDITIONS.
11.
EXECUTE NON-EXCLUSIVE AGREEMENT WITH
R 90-149
119-125
MIAMI RIVER RECYCLING/ATLAS IRON
2/15/90
COMPANY (JOINT VENTURE) - FOR PURCHASE
OF RECYCLABLE FERROUS MATERIALS AND
WHITE GOODS DUE TO IMPLEMENTATION OF
"THE CITY OF MIAMI - RECYCLES" (A
RESIDENTIAL CURBSIDE RECYCLING
COLLECTION PROGRAM, BY DEPARTMENT OF
SOLID WASTE).
12.
EXECUTE NON-EXCLUSIVE AGREEMENT WITH
R 90-150
125-126
DURBIN PAPER STOCK COMPANY - FOR
2/15/90
PURCHASE OF RECYCLABLE MATERIALS DUE TO
IMPLEMENTATION OF "THE CITY OF MIAMI -
RECYCLES" (A RESIDENTIAL CURBSIDE
RECYCLING COLLECTION PROGRAM, BY
DEPARTMENT OF SOLID WASTE).
13.
DISCUSSION CONCERNING MIAMI
M 90-151
126-140
TELECOMMUNICATIONS, INC. IS (TCI)
2/15/90
ALLEGED NONCOMPLIANCE WITH TERMS OF
THEIR CABLE FRANCHISE AGREEMENT - SET
DATE FOR PUBLIC HEARING IN APRIL TO
HEAR EVIDENCE CONCERNING THIS ISSUE.
14.
APPROVE USE OF TWO ACRES OF CITY -OWNED
R 90-152
140-151
FERN ISLE NURSERY SITE BY MUNICIPAL
2/15/90
TRUST FUND CORPORATION REGARDING
DEVELOPMENT OF A COMMUNITY SERVICE
FACILITY ("CASA PROJECT") - AUTHORIZE
EXECUTION OF REVOCABLE PER14IT.
15.
BRIEF COMMENTS CONCERNING REFUSAL BY
DISCUSSION
151
THE RESCUE COMMITTEE OF THE CUBAN
2/15/90
MUSEUM TO ACCEPT ALTERNATE SITE.
16.
REOPEN BIDDING PROCESS CONCERNING
M 90-153
152-159
ALTERNATE SELECTION OF THREE LOCAL LAW
2/15/90
FIRMS TO WORK AS BOND COUNSEL - DIRECT
ADMINISTRATION TO PREPARE R.F.P. AND TO
SELECT AND RECOMMEND THREE LAW FIRMS -
DIRECT CITY ATTORNEY TO NEGOTIATE BEST
TERMS FOR THE CITY AND COME BACK WITH
RECOMMENDATION.
17.
SECOND READING ORDINANCE: AMEND
ORDINANCE
159-160
ENVIRONMENTAL PRESERVATION DISTRICTS
10707
AND SCENIC TRANSPORTATION CORRIDORS
2/15/90
fl
ATLAS - DESIGNATE ALL PUBLIC RIGHTS -OF -
WAY IN AREA GENERALLY KNOWN AS "THE
BRICKELL HAMMOCK PARKWAY SYSTEM" AS A
SCENIC TRANSPORTATION CORRIDOR.
(Applicant: Planning Department).
18.
SECOND READING ORDINANCE: AMEN 9500,
ORDINANCE
160-170
ARTICLE 15-SPI (SPECIAL PUBLIC INTEREST
10708
DISTRICTS ) - ADD SPI-21 RIVER QUADRANT
2/15/90
MIXED USE DISTRICT - PROVIDE INTENT AND
'
SPECIAL PERMITS, ESTABLISH PERMISSIBLE
PRINCIPAL USES AND STRUCTURES, MINIMUM
LOT REQUIREMENTS, etc. (Applicant:
Planning Department.)
19. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 171
ATLAS FROM WF-I/7 WATERFRONT INDUSTRIAL 10709
AND CG-1/7 COMMERCIAL GENERAL TO SPI-21 2/15/90
RIVER QUADRANT MIXED USE DISTRICT
CONCERNING PROPERTY BOUNDED BY S.W. 2
AVENUE, THE MIAMI RIVER, I-95 RIGHT-OF-
WAY, AND S.W. 2 STREET. (Applicant:
Planning Department.)
20. FIRST READING ORDINANCE: AMEND 10544 - DISCUSSION 172-174
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 2/15/90
1989-2000 (MCNP), FUTURE LAND USE MAP -
CHANGE LAND USE DESIGNATION AT
APPROXIMATELY 120-186 S.W. 13 STREET
AND 1315-1325 S.W. 2 AVENUE FROM OFFICE
TO RESTRICTED COMMERCIAL.
21. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 174-175
ATLAS AT APPROXIMATELY 120-186 S.W. 13 FIRST READING
STREET & 1315-1325 S.W. 2 AVENUE FROM 2/15/90
RO-3/7 TO CR-2/7.
22. DISCUSS AND CONTINUE TO MARCH 22ND DISCUSSION 175-177
MEETING CONSIDERATION OF AN APPEAL BY 2/15/90
OBJECTOR TO REVIEW ZONING BOARD'S
APPROVAL OF THE APPEAL, THEREBY
REVERSING DECISION OF ZONING BOARD'S
ADMINISTRATION, WHICH ELIMINATED
COOKING AT 3328 S.W. 23 TERRACE.
(Appellant: Arturo G. Caraballo.)
23. DENY APPEAL AND CONFIRM ZONING BOARD'S R 90-154 178-186
GRANT OF SPECIAL EXCEPTION TO CONSTRUCT 2/15/90
RESIDENTIAL UNITS FOR PROPERTY LOCATED
AT 2573 TRAPP AVENUE, WITH PROVISOS.
24. DIRECT ADMINISTRATION TO REMOVE M 90-155 186-188
BARRICADES PRESENTLY INSTALLED ON 2/15/90
AVIATION AVENUE, IF NOT CORRECTED TO
SATISFACTION OF FIRE DEPARTMENT WITHIN
30 DAYS.
25. CONTINUE CONSIDERATION OF PROPOSED M 90-156 188-197
APPLICATION FOR CERTIFICATE OF APPROVAL 2115/90
FOR DEVELOPMENT ACTIVITY FOR PROPOSED
DEGARMO ESTATES (3952 DOUGLAS ROAD) TO
MARCH 8TH COMMISSION MEETING.
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26. (A) APPROVE REMOVAL OF TWO LOTS
FRONTING S.W. 11 STREET (3051 AND 3061
S.W. 11 STREET) FROM PROPOSED REZONING
TO CR-2/7 - RETAIN RG-1/3 ZONING
CLASSIFICATION (MAP ITEM 29).
(B) INITIATE ATLAS AMENDMENT TO
REFLECT DENIAL OF PLANNING DEPARTMENT'S
RECOMMENDATION AND ACCEPTANCE OF CHANGE
OF ZONING CLASSIFICATION TO SPI-16„2
FOR BLOCK BOUNDED BY N.W. 5 AND 6
STREETS BETWFEN N.W. 1 COURT AND 2
AVENUE (MAP ITEM 20).
(C) CHANGE ZONING CLASSIFICATION ALONG
S.W. 42 AVENUE (LE JEUNE ROAD) FROM 7
TO 2 STREET FROM RG-2/4 COMMERCIAL
RESIDENTIAL. TO RO-1/4 RESIDENTIAL
OFFICE (MAP ITEM 28).
(D) AMEND COMPREHENSIVE NEIGHBORHOOD
PLAN (AFTER JULY 1990) TO RETAIN
EXISTING ZONING CLASSIFICATION OF S.W.
7 STREET TO 2 AVENUE AS CG-2/7 GENERAL
COMMERCIAL (MAP ITEM 39).
(E) CHANGE ZONING CLASSIFICATION ALONG
N.E. 1 AVENUE NORTH OF 54 AND 79
STREETS FROM CG-2/7 GENERAL COMMERCIAL
TO CR-2/7 COMMERCIAL RESIDENTIAL (MAP
ITEMS 1,4.5. AND 9).
(F) RETAIN PRESENT ZONING
CLASSIFICATION OF PR PARK AND
RECREATION IN NORTHERN TIP OF VIRGINIA
KEY (MAP ITEM 47).
(G) SECOND READING ORDINANCE: AMEND
SCHEDULE OF DISTRICT REGULATIONS OF
9500 - CHANGE UNIT DENSITY CAP PER
UNIT, PER NET ACRE, DELETE STORIES IN
RG-2, GENERAL RESIDENTIAL - ADD NEW
ZONING DISTRICT CLASSIFICATION: "CON.
CONSERVATION" (RESERVED FOR
ENVIRONMENTALLY SENSITIVE AREAS) -
AMEND ZONING ATLAS - CHANGE ZONING
CLASSIFICATIONS AFFECTING APPROXIMATELY
15% OF TOTAL AREA OF CITY LAND TO BRING
ORDINANCE INTO COMPLIANCE WITH MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000, etc.
27. FIRST READING ORDINANCE: AMEND 10642 -
INCREASE APPROPRIATIONS TO "BAYFRONT
PARK REDEVELOPMENT - PEPPER FOUNTAIN"
(PROJECT 331306) ($500,000) - REDUCE
APPROPRIATIONS TO "BAYFRONT PARK
REDEVELOPMENT - SOUTH END AND CHOPIN
PLAZA COURT" ($500,000).
28. SECOND READING ORDINANCE: AMEND CODE
CHAPTER 62, SECTION 62-16 - TO REQUIRE
A COMPANION ZONING APPLICATION, AND TO
REORGANIZE SCHEDULE FOR SEMIANNUAL PLAN
AMENDMENTS; SECTION 62-18 TO REFERENCE
PLANNING ADVISORY BOARD AS LOCAL
PLANNING AGENCY - INSERT NEW SECTION
62-19 ("LAND DEVELOPMENT REGULATIONS"),
DESIGNATE PLANNING ADVISORY BOARD AS
LOCAL PLANNING AGENCY AND LOCAL LAND
DEVELOPMENT REGULATION COMMISSION
(Applicant: Planning Department.)
M 90-157 197-234
M 90-158
M 90-159
M 90-160
M 90-161
M 90-162
ORDINANCE
10710
2/15/90
ORDINANCE 234-237
FIRST READING
2/15/90
ORDINANCE 237-238
10711
2/15/90
R
29.
SECOND READING ORDINANCE: AMEND 9500,
ORDINANCE
PAGE 4 OF OFFICIAL SCHEDULE OF DISTRICT
10712
REGULATIONS - INSERT NEW CR-3
2/15190
COMMERCIAL -RESIDENTIAL (GENERAL)
TITLE - PROVIDE THAT SALE OF USED CARS
IS PERMISSIBLE BY SPECIAL EXCEPTION
SUBJECT TO LIMITATION, etc.
(Applicants Planning Department.)
30.
(Continued Discussion) EMERGENCY
ORDINANCE
ORDINANCE: AMEND CODE SECTION 52.6-8 -
10713
PROVIDE THAT MIAMI SPORTS A14D
2115/90
EXHIBITION AUTHORITY SHALL APPOINT ITS
OWN LEGAL COUNSEL - TERMS AND
CONDITIONS TO BE SUBJECT TO CITY
COMMISSION APPROVAL BY 4/5THS VOTE (See
label 6,8B and 31).
31.
(Continued Discussion) APPPOINT JULIO
R 90-163
GONZALEZ REBULL, JR. AS MEMBER OF MIAMI
2/15/90
SPORTS AND EXHIBITION AUTHORITY (See
label 8c)
32.
DISCUSS AND TEMPORARILY TABLE PROPOSED
M 90-164
SECOND READING ORDINANCE (THE NEW
M 90-165
ZONING ORDINANCE) (See label 35).
M 90-166
(A) INITIATE COMPREHENSIVE PLAN
M 90-167
AMENDMENT FOR PROPERTIES FRONTING BOTH
M 90-168
SIDES OF N.W. 36 COURT FROM N.W. 7
M 90-169
STREET TO WEST FLAGLER - CHANGE ZONING
M 90-170
CLASSIFICATION FROM R-2 DUPLEX TO R-3
2/15/90
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL
DISTRICT.
(B) EXTRACT JACKSON OVERLAY DISTRICT
(SD-10) FROM PROPOSED NEW ZONING
ORDINANCE AND ATLAS - REFER BACK TO
PLANNING ADVISORY BOARD FOR FURTHER
REVIEW.
(C) MODIFY MOTION 90-80 CONCERNING
NORTH SIDE OF LOTS ON NORTH SIDE OF
CORAL WAY BETWEEN 12 AND 14 AVENUES -
APPLY SD-12 BUFFER OVERLAY DISTRICT -
RETAIN UNDERLYING ZONING DISTRICT.
(D) CHANGE ZONING CLASSIFICATION AT
N.W. CORNER OF 14 STREET AND 11 AVENUE
(CIVIC CENTER SITE) - APPLY SD-19
OVERLAY DISTRICT - SPECIFY FLOOR AREA
RATIO.
(E) MODIFY MOTION 90-82 CONCERNING
PARADISE POINT AREA AT MIAMI RIVER,
N.W. 18 TERRACE FROM 24 TO 27 AVENUES -
CONTINUE CONSIDERATION OF SD-4 (SPECIAL
WATERFRONT DISTRICT) DESIGNATION IN
ZONING ATLAS TO JULY 1990 COMMISSION
MEETING - RETAIN PROPOSED ZONING OF R-2
DUPLEX RESIDENTIAL.
(F) AMEND ZONING TEXT OF PROPOSED NEW
ZONING ORDINANCE FOR COMPUTATIONS IN
CONNECTION WITH CLUSTERS IN R-2 DUPLEX
DISTRICT.
(G) EXTRACT 715-721 S.W. 2 AVENUE FROM
INCLUSION IN PROPOSED NEW ZONING
ORDINANCE AND ATLAS MAP - REFER BACK TO
PLANNING ADVISORY BOARD FOR FURTHER
STUDY. (See label 35.)
33. DIRECT THAT PREVIOUSLY AUTHORIZED R 90-171
R.F.P. FOR SECURING BANKING SERVICES BE 2/15/90
AMENDED TO DELETE REQUIREMENT THAT
SELECTED BANK BE MEMBER OF FEDERAL
RESERVE SYSTEM.
238-239
239--241
242
243-270
270-271
34. (A) REQUEST ADMINISTRATION TO INFORM
THE COMMISSION, IN WRITING, CONCERNING
PRESENT ACTIVITIES AT THE CENTRUST
BUILDING, AS WELL AS CURRENT LITIGATION
WITH DEVELOPER AND CONTRACTOR OF THE
CENTRUST BUILDING PARKING GARAGE, OWNED
BY THE CITY.
(B) REQUEST ADMINISTRATION TO INFORM
COMMISSION CONCERNING RECENT ARTICLES
IN LOCAL MEDIA REGARDING WITHDRAWAL OF
PRIVATE DEVELOPER FROM THE COCONUT
GROVE PLAYHOUSE PROJECT.
(C) REQUEST ADMINISTRATION TO VALIDATE
RUMORS CONCERNING POSSIBLE DEVELOPMENT
ON THE F.E.C. PROPERTY ON THE BAY.
DISCUSSION
2/15/90
35. (Continued Discussion) CLOSE PUBLIC M 90-172
HEARING IN CONNECTION WITH PROPOSED 2/15/90
SECOND READING (THE NEW ZONING
ORDINANCE) - CONTINUE CONSIDERATION TO
MARCH 8TH COMMISSION MEETING (See label
32).
271-272
272-275
0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 15th day of February, 1990,
Florida, met at its regular meeting place in
Drive, Miami, Florida in regular session.
the City Commission of Miami,
the City Hall, 3500 Pan American
The meeting was called to order at 9:13 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1 REAFFIRM THE CITY'S COMMITMENT TO HISTORIC PRESERVATION AS SET FORTH IN
THE ZONING ORDINANCE - DECLARE THAT OWNER CONSENT WILL NOT BE A
CRITERION FOR THE DETERMINATION OF HISTORIC DESIGNATIONS
Mayor Suarez: Commissioners, we have a delegation of County officials on item
number 2, I believe it is, on proposed litigation. Apparently, the Manager
recommends that we quickly dispose of this item, and then go right onto item
1, which is the one scheduled. What was the counselor's name?
Mr. Tom Logue: Your Honor, Commissioners, good morning. My name is Tom
Logue. I'm Assistant County Attorney.
Mayor Suarez; Mr. Manager or Madam City Attorney, are you ready to recommend
any kind of an approach to avoiding this litigation that I'm sure all of us
would like to avoid?
Ms. Linda Kierson: Yes, your Honor. On January 5th, the County Attorney
passed a potential lawsuit against City of Miami on allegedly due to the
City's consideration of owners' consent in its determination of historic
designations. We would therefore recommend that the City Commission this
morning said on the record that owners' consent is not a criterion upon which
you determine historic designations.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: For the record. I will not accept the fact that for
the last year that we have used that as a criteria. I will accept the
resolution which has been drafted by the City Attorney, and I will move such a
resolution reaffirming the City of Miami's commitment to the historic
preservation the City has set forth in article 16 of the City of Miami zoning
ordinance by officially declaring that owner consent will not be a criterion
for the determination of historic designation. At such time as my colleagues
are finished discussing it, I would offer such a motion. But for the record,.
1 February 15,
g-
I will not accept the
criterion.
allegation that we have in the last year, used that
Vice Mayor Dawkins: Mr. Mayor, I will not accept any part of this for the
simple reason that at no time have I net here and voted at any time at the
-�" request of the owner. We had a set of criterion by which the historic
preservation could be denied, and each time that I sponsored denying that
designation, I read from the criteria and was assured by my law firm that this
was proper and just. So therefore, I see no reason for me to allow the County
to say that I voted for something because a citizen wanted it, and if I go
along with this, I'm consenting to what they said, so there Fore, I don't have
anything that... I don't have nothing to vote this.
Mayor Suarez: Mr. Logue, let me just say that, as the Vice Mayor has stated,
_ my recollection is that we procedurally a lot of times handle first those
items where the owner had no objection to the designation, and I think that
procedure was a fair and a logical procedure to follow because we had forty...
how many cases was it that were given to us in one shot? And many other
agenda items to go through, and to the extent that anyone... any of the
Commissioners put into the record that we were doing this simply, or as a
_- result of the owner's request, I think Commissioner Plummer has stated into
the record properly and the Vice Mayor, our feelings that is not the criteria
that we would like... I have no problem voting on the resolution, but I, in a
sense, agree with the Vice Mayor that it is unnecessary. If it is helpful to
avoid litigation, just don't take back the message, if this passes, that we
are concerned about litigating with the County. Some of us are itching to
litigate with the County on items that have perhaps a little bit greater
import than this. In any event...
Commissioner Plummer: I wish they were as concerned about the homeless and
feeding people on welfare as they are about something like this.
Vice Mayor Dawkins: And sharing with us the money they get from the airport,
the seaport, and paying me for my land where they have a dump site where they
dump the garbage, and make me pay nine million dollars a year for dumping
trash and they dump it right in the heart of the City and don't pay me any
taxes for the money. There are a lot of things we could litigate.
Mayor Suarez: But this is a proper statement of law, and if the Commissioners
don't have any problems, we may as well entertain a motion on it. I think
Commissioner Plummer was getting ready to do that.
Commissioner Plummer: Mr. Mayor, as I stated before, I would be happy to
offer such a motion. It is nothing than a reaffirming of what I think we've
been doing all of the time, or for the last year in particular. So I have no
problem in offering this motion.
Mr. Logue: Mr. Mayor, may I...
Mayor Suarez: And I second it. Vice Mayor, you chair.
Mr. Logue: Mr. Mayor, may I comment?
Vice Mayor Dawkins: It's been moved and seconded. Any further discussion?
Commissioner Plummer: The counsel wants to speak. I'd like to know what he
has to say.
Vice Mayor Dawkins: Go right ahead, sir.
Mr. Logue: Mr. Mayor, if I could comment. We're certainly not interested in
asking you for an admission concerning any policy. I'd just like to remind
you or assert to you that there is some substantial evidence that there has
been a policy of owner consent.
Commissioner Plummer: Counsel, you're going to lose me now. There is not
substantial evidence in my estimation and I take exception. You stated to me
there were patterns, and as far as I am concerned, as I explained to you,
patterns to me don't mean anything. OK?
Mr. Logue: Yes, sir.
2 February 15, 1990
Commissioner Plummer: I don't accept the fact that there
evidence. There are patterns, maybe innuendos, but statements
there. I think you are way ahead of the game if you get
passed.
is substantial
of fact are not
this resolution
Mr. Logue: Commissioner Plummer, the one concern I would like to express, I
certainly don't want to argue with the Commission, is that...
Commissioner Plummer: Why not? Everybody else does.
J
Mr. Logue: The County is looking for a two-part package. One is to recognize
or acknowledge that owner consent is really should not play a role. The other
is we are recommending and asking that the board consider changing its
historic preservation ordinance to a more traditional historic preservation
ordinance. That is an ordinance where the designation is made by the Heritage
Conservation. Board, and then there is an appeal only in disputed cases to this
board and there are certain major advantages to that process, which is why
--- most cities have adopted it. The major advantages are the decision is made by
the experts. The initial decision as to whether a property is historic or not
is made by the experts that you appoint. The second advantage is that you
only have to hear the cases when there is a dispute, so the run of the mill
cases you don't have to bother with. But in any case where a citizen is
dissatisfied, you would have an opportunity to hear the record de novo and
make a decision based upon a completely new hearing. That's the only time
your special expertise is required.
Commissioner Plummer: Counsel, as I told you, I would be happy to look and
ask Sergio Rodriguez to look in and come back to me and other members of this
Commission with the pros and cons of that, but I'm not ready to vote on that
at this particular time, that second phase.
Mayor Suarez: I would endorse that Mr. Vice Mayor. I would endorse precisely
what Commissioner Plummer said. We are going to take a look at it and take
recommendations from our own staff. You've made some interesting points as to
the procedure. Hopefully the County will be equally open when we show up and
suggest to them changes to their Code to make it more effective and efficient.
We're quite interested in what you've...
Commissioner Plummer: Mr. Mayor, I have to put on the record, and I hope you
will take back my conversation with you, what you said was hold harmless, but
take it back. I think that this whole thing in the County's ordinance is
absolutely wrong. It benefits no one, in my estimation, to have an incentive
to want to be declared historic. I think you have got to determine or find
ways in wanting a person, an individual property owner, to want to be a part
of historic, and at this particular tima, there is not one thing that I can
think of, of being designated historic where it benefits an individual
property owner. You have to have people wanting to do it. Whether it is low
loans for restoration, or whether it's reduction in their ad valorem taxation,
or whatever it is, there has to be an incentive, because as it stands today,
if a property is designated historic, in my estimation, it benefits that owner
none. And I don't think you are going to have a successful ordinance unless
you have people motivated to want to do something, and people today are
motivated by what does it benefit me. I hope you take that back.
Vice Mayor Dawkins: If the gentleman has... do you have anything else to say?
Mr. Logue: Commissioner, I have nothing else to say. Thank you very much.
Vice Mayor Dawkins: Then I'm going to exercise the chair's prerogative to
stop all discussion up here by our members. Call the roll, please.
Commissioner Plummer: Ohhhhhhl This is going to be a hell of a days
3 February 15, 1990
% .0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-138
A RESOLUTION REAFFIRMING THE CITY OF MIAMI'S
COMMITMENT TO HISTORIC PRESERVATION IN THE CITY AS SET
FORTH IN ARTICLE 16 OF THE CITY OF MIAMI ZONING
ORDINANCE BY OFFICIALLY DECLARING THAT OWNER CONSENT
WILL NOT BE A CRITERION FOR THE DETERMINATION OF
HISTORIC DESIGNATIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
* Commissioner Miriam Alonso
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
*Commissioner Alonso: I'd like to say in the record that I was not part of
whatever vote was given here before. I also would have appreciated the
Administration and the County Attorney to have informed me of this matter that
was going to be discussed, which I was not put aware of. And I also hope that
the County takes a more responsive position to the needs of the City of Miami,
as they have taken in this case. I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: I would now, as I said before, ask the Planning
Department to look in and report back to this Commission on the pros and cons
of the second aspect, and that is that the hearings at the lower boards be
final, unless appealed to this Commission and coarse back to us in March, in
which we can make a decision on that.
Mr. Logue: Mr. Mayor, Commissioners, I want to thank you very much for your
courtesy in hearing me today and for taking me out of order.
Commissioner Plummer: Let me tell you, Mr. Mayor, this is the first man that
I've dealt with from the County, who goes by the old rule that reasonable
people can disagree, but they don't have to be disagreeable.
Mr. Logue: Thank you.
Mayor Suarez: And you know what? You attracted our attention when you
suggested that by changing the ordinance we may avoid having that many items
before us. Anything like that that anyone suggests up here, including the
County, will always be heard with a friendly ear. But we appreciate your
presence here today and your ability to negotiate. All right, item 1.
4 February 15, 1990
--------------------------------------------------------------------------------
2 DISCUSSION CONCERNING DONATION OF PROPERTY (A 44-UNIT APARTMENT BUILDING
AT 1334 N. MIAMI AVENUE) TO THE CITY - DIRECT ADMINISTRATION TO ASSESS
OFFER ANID COME BACK WITH RECOMMENDATION REGARDING APPROPRIATE% STEPS TO
FOLLOW.
------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor, before we go to item 1, if I could just
have a minute...
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: ...and make an announcement. Throughout this week
I've been in contact with representatives of a Mr. John V. 'Howard, who is a
property owner of the property located at 1334 North Miami Avenue, which is an
apartment building comprised of 44 units, one bedroom. Now Mr. Howard is in
a position where he has received notices from the City of Miami that either
the building is rehabed or it has to be demolished. And certainly there are
many times when we are looking for ways of helping, for example, the homeless,
helping create additional housing for those that need it in the City of Miami.
I am pleased to announce that Mr. Howard has sent a letter addressed to you,
and I will read it into the record.
"Dear Mr. Mayor, enclosed please find a copy of the warranty
deed for the above captioned property. I wish to donate this
property to the City to be used in whatever manner best suits
the needs of the community. Please feel free to contact me to
advise me as to what steps need to be taken to facilitate this
contribution to our great City."
Certainly, we could do a lot with this property. We can either rehab it;
that's 44 units. We can knock it down and use that land to build housing or
whatever we feel is a positive thing for our community. So I would just
like to introduce that into the record and, if we have to make a motion,
instruct the Legal Department to take steps into, you know, obtaining the
property from Mr. Howard.
Mayor Suarez: You would want them to evaluate the whole donation to make sure
that it is something worthwhile for us to take. Is this the building that I
remember seeing a picture of somewhere?
Commissioner De Yurre: It's 1334... Well, we could just knock it down, we got
the land.
Mayor Suarez: I would think the land would be worth more than whatever it
costs to demolish the building, but just in case the City Legal Department and
Planning have any problems with this property being received as a donation, I
would think you'd want a full report and then we vote on it.
Commissioner De Yurre: Certainly.
Mayor Suarez: OK, so instructed then.
Commissioner De Yurre: Thank you.
5 February 15, 1990
J
-'.------------•------------------------------.------------------------------------
3 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL
STADIUM BY UNITED SPORTS OF AMERICA - FOR 1990 COORS MOTORSPECTACULAR
EXECUTE AGREEMENT. `
-.-------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, there is one here that the Administration
asked me to bring us. I don't think there will be any problem. A resolution,
with attachment, establishing special charges, terms and conditions for the
use of the Orange Bowl Stadium by the United Sports of E.merica for the
presentation of the 1990 Coors Motorspectacular on February 17, 1990; further
authorizing the City Manager to execute an agreement, in substantially the
attached form, between the City of Miami and said organization for this
purpose. And I've asked an amendment be added to that, that they make a
deposit no less than what the surcharge is anticipated. And I move, Mr.
Mayor.
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-139
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE
ORANGE BOWL STADIUM BY UNITED SPORTS OF AMERICA FOR
THE PRESENTATION OF THE 1990 COORS MOTORSPECTACULAR ON
FEBRUARY 17, 1990, INCLUDING THE CONDITION THAT THE
CITY RECEIVE A DEPOSIT FROM SAID USER IN AN AMOUNT
EQUAL TO THE TOTAL ANTICIPATED TICKET SURCHARGE
REVENUE OF $13,500 FOR SAID EVENT; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
6 February 15, 1990
4 (A) DISCUSSION CONCERNING APPROPRIATE HANDLING AND/OR DISPOSITION OF
ARTIFACTS PREVIOUSLY GIVEN TO THE CITY BY PAN AMERICAN AIRWAYS.
(B) AUTHORIZE EXECUTION OF A CONSENT FOR COLLATERAL ASSIGNMENT OF THE
CONCESSION AGREEMENT FROM TERREMARK AT DINNER KEY, INC. TO FLORIDA
INTERNATIONAL BANK.
Mayor Suarez: Commissioners, at the last meeting, we had an item, which was
item 48, and we actually passed it until we heard from the Vice Mayor on some
possible objections that he had, and in deference to his request, had it
postponed until today. I didn't know at the time, and I don't think the Vice
Mayor, or any of us knew that this could affect an important closing. On
behalf of Terremark, I see their counsel here, it's item number 6, and I
believe it may be noncontroversial. Manny, you want to try to see if it's not
controversial and we can get it resolved?
Vice Mayor Dawkins: Mr. Mayor, there is nothing controversial about...
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: ...what we're doing. The controversy lies in the fact
that Pan American entrusted some artifacts to us to hold for them. These
artifacts were to be stored and held until a suitable site was found with
which to display the history of Pan American Airlines, etcetera. At the time
that they were accepted, we were at the height of building another City Hall,
and it was felt that this would be the proper place being historical beginning
of Pan Am in which to display these items. Now I find out that we, the City
Commission, went back on our word, by resolution, and we allowed these items
to be moved, and we did not contact the people who put them in our trust. And
I also take offense to the word that somebody found them sitting somewhere
collecting dust. That's where they were supposed to sit and collect dust
until we used them. And I would like to know from somebody what they plan to
do to put them back where they were.
Mayor Suarez: Mr. Vice Mayor, I think it is entirely proper, as you have
stated, that in conjunction with the approval of, I think it is a collateral
assignment of the lease in question, that we consider the issue of the
memorabilia. I probably disagree with your approach to it, but I think it is
entirely proper and I'm glad you brought it up, because I think it ought to be
aired as to what the City's involvement has been and what our commitments are,
and whether it's in fact desirable to make them, to put them on display in
conjunction with the operation of this restaurant. I think the question was
directed.at someone in the administration, Mr. Manager.
Commissioner Plummer: They're probably in the same place that the statues out
at Bayf ront Park are.
Mr. Ron Williams: Mr. Mayor, if I may. In response to the Vice Mayor's
concern, this item was addressed by the City Commission per Resolution 89-811.
I think the appropriate response for the Commission would be then to rescind
that agreement to loan...
Mayor Suarez: We will decide the procedure to follow. We need you to tell us
the substance of the Commissioner's question,
Mr. Odio: What I'd rather do is ask permission from Pan American to leave
them there on display, since at least people are seeing them now for the first
time.
Vice Mayor Dawkins: You know, I have a problem with this. You know? Go
ahead. I'm sorry. You all go ahead.
Mayor Suarez: I think the Vice Mayor's question is what is the history and
were they not in fact supposed to be for public display, and were they
really... Is it not an incorrect characterization to say they were gathering
dust? They were waiting to be displayed properly.
Mr. Odi.o: What I can remember, as far back as I can, is that they intended
for us to build some kind of a museum in this area to display them at some
point. Maybe he can clarify better.
7 February 15, 1990
Vice Mayor Dawkins: Come to the mike. This is the gentleman who came and
asked us if we would accept from Pan American the custody of these items.
Would you Yell us what happened, sir, please?
Mayor Suarez: Give us your name and your position at Pan American, if any,
sir.
Mr. George Price: My name is George Price. I live at 100 South Prospect
Drive, and I have no connection whatsoever with Pan Am.
Mayor Suarez: I didn't think you did.
Mr. Price: I'm talking just for myself. I used to. There is a slight
misconception as to how this whole process began. It began back in 1984. We,
a group of retired Pan Am pilots, were having a meeting here in Miami and we
went to the City and told them about it, and we said that we would like them
to know we were having this meeting, and at that point, the City approached
us, and they said, "Look, we will eventually be vacating City Hall. It is
provided for in the 1984 master plan for the development of Dinner Key in
Coconut Grove, that when and if this building is vacated..." This building,
incidentally, was...
Mayor Suarez: You're talking about this building.
Mr. Price: This building where we're sitting on right now.
Mayor Suarez: Well, we'll vacate it any time you come up with some money for
us to vacate it.
Mr. Price: Well, I've been listening to your discussions on that subject and
I think you're doing quite well.
Mayor Suarez: Well, other people think that...
Vice Mayor Dawkins: Hold it! May I say something? The storage of the
artifacts was not hinging on who built the place, where the money came from or
what. The City of Miami accepted these artifacts and they gave them to us in
good faith. It was not hinging on our building anything, or anybody else
building anything.
Mr. Price: That's absolutely right. It should be very clear that we did not
go to the City with the idea that these artifacts existed and that they would
be an extremely worldwide interest set of exhibits, because all of these
exhibits pertain to Miami. This is where it all happened. The exhibits were
the things that were used here. But it was the City of Miami who approached
us with that idea.
Vice Mayor Dawkins: Tell them who did it, Maurice Ferre, because nobody...
tell them.
Mr. Price: Mayor Maurice Ferre, in a letter to Chairman Acker of Pan Am, made
a two page suggestion that this be done in the hope that Pan Am would make
available to the City the memorabilia that they had at that time not being
exhibited. We then continued working on this thing, and as a result, there
were about eight written communications which took place in between the City
of Miami and executives of Pan Am in New York, in which it was provided that
these...
Mayor Suarez: What was your organization? or your individual role in that
correspondence. I don't understand. You keep talking about Pan American
communicating with the City, but you have no official capacity on behalf of
Pan American. Do you?
Mr. Price: That's correct. At that time, because I was a retired Pan Am
employee, they used me to intercede whenever necessary. If the City had a
question, I could answer it. If Pan Am had something they wanted to propose
to the City, I could propose it for them. But the agreement that was reached,
and this is all documented in a series of letters going from 1984 until'1969,
when Pan Am...
Mayor Suarez: Excuse me, until 1989?
E.
February 15,
1-1
Mr. Price: Yes, sir.
Mayor Suarez: I have never gotten... I don't know if any of the Commissioners
here who have been here since 185, have ever gotten a letter, but I've never
gotten a letter from your organization, I don't think, on this issue
whatsoever.
Mr. Price: Well, the file exists and since it is to the City Manager.
Mayor Suarez: Were any of the... Oh, I see. They may have been directed to
the Manager and not to the Commission.
Mr. Price: That's right, and in that interim period, I think there were three
City Mangers, no exactly what happens to the files, I don't know.
Mayor Suarez: I'm sorry, the period of time I'm talking about there's been
one manager, 185.
Mr. Price: Yes, but this took place in 1984. You've had two City Managers
prior to the one.
Mayor Suarez: Aht In 1984, 183 and before that, I don't know how many
managers. I used to read the papers too, and I guess some of our colleagues
here used to live through all that.
Mr. Price: I think that the people who worked that agreement for September
14, 1989, had read that correspondence, because they used a lot of the
phraseology used in that correspondence.
Mayor Suarez: The Vice Mayor indicates that you have an important, possibly
from his perspective, valid point to make on the proper display of these
memorabilia. Do you want to tell us what you think should be done and with
what resources?
Mr. Price: I think what should be done is exactly what the City wanted to do
in the first place.
Mayor Suarez: That may not be a particularly correct answer: I remember.
being in this Commission when the official Pan American Vice President or
somebody came and offered the memorabilia, and I remember one of the
Commissioners, whose name I won't mention, but he's the one all the way to my
left, saying that you had to, Pan American rather, would have to pay rent for
us to even accept these memorabilia.
Mr. Price: No, on the contrary.
Mayor Suarez: No, that's in the record. I mean I'll dig up the record if you
would like to see that. I mean, there was no proposal of any group to either
find a place to store this, or pay for us to store them, or to display them
properly, or to keep them from gathering dust and otherwise deteriorating. ;In
fact, I don't believe that there was even any presentation at that time, by
your group. Maybe subsequent to that, as you've indicated, in correspondence.
What would you propose that we do now, and with what resources? I think may
be responsive to the Vice Mayor's concern that this is not the ideal way to
store and display these memorabilia.
Mr. Price: What I started to say was that the original set of agreements that
consummated after this series of communications took place, in between the
executive part of Pan American World Airways and the City Manager of the City
of Miami. I have those letters, photocopies of them available anytime anybody
wants. But it's a long period of time. It's a lot of correspondence and
everything, but to answer your question, all of that material should go right
back to where it was originally sent and accepted by the City of Miami, and
that is the City warehouse down on...
Mayor Suarez: What purpose would that serve?
Mr. Price: Because it gets everything together. If this stuff is broken up a
little piece here and a little piece there, one restaurant gets the right to
hang the stuff on their walls as decorations, then why can't another
restaurant get it? Why can't a hotel get it? Why can't people take it and
stick it on their mantelpieces?
9 February 1990
3
Commissioner Plummer: Whoai Whoa! Let's play this game fair. Why? If you
don't understand that, then we really have a problem. Number one, this
restaurant's name is Havana Clipper.
Mr. Price: Not yet.
Commissioner Plummer: Well, then, I've been eating in a mysterious place.
Mr. Price: They were discuss...
Commissioner Plummer: Number two...
Mayor Suarez: Let the Commissioner speak.
Commissioner Plummer: Number two, this is where it all happened. That
particular restaurant exist in a hanger which Pan American used for that
purpose.
Mr. Price: No, air. That hanger was built by the United States Navy at the
latter years of World War II and it was never used by Pan Am.
Commissioner Plummer: I'm sorry. The Clipper was the seaplane base.
Mr. Price: For the U.S. Navy.
Commissioner Plummer: This particular building used to have a map. As a kid,
I remember right here in the center.
Mr. Price: A globe, it's down...
Commissioner Plummer: Before it became Jackie Heller's restaurant. This is
where it all happened.
Mr. Price: Right.
Commissioner Plummer: That restaurant is a part of this. And if it doesn't
qualify for being a sole entity for that qualification, I don't think any
other restaurant could claim, or anyone else could claim that they are in fact
someway related, so I think there is a significant.
Vice Mayor Dawkins: Hold it! Mr. Mayor.
Mayor Suarez: Mr. Vice Mayor to inquire.
Vice Mayor Dawkins: I'm on the losing side of a battle here. There's no
sense in prolonging this. I make a motion that, that artifact be repackaged
as it originally was; put back where it was, and tell Pan Am to come and get
it.
Mayor Suarez: So moved. Do we have a second on that motion? To repackage
and restore it, I guess.
Commissioner Plummer: Miller, I go along with repackaging it and storing it
at their expense, so that hopefully someday...
Vice Mayor Dawkins: We did not pack it at their expense, Commissioner
Plummer. You know, you're putting in...
Commissioner Plummer: Well, what are we talking about? The stuff that's
downstairs?
Vice Mayor Dawkins: The stuff we took out, just repack that and put it with
the stuff that's downstairs. That's all I'm saying.
Mayor Suarez: I just want to clarify.
Commissioner Plummer: I don't understand, I'm sorry.
Vice Mayor Dawkins: Let me s►ee if I can...
10 Februery,l5, 1990
Commissioner Plummer: Because what is downstairs there now you could put in a
good sized box.
Vice Mayor Dawkins: Whatever you took out, whatever we took out of what was
given us, put it back, repackage it• at our expense or whoever took it apart
and give everything that was given to us by Pan Am or the Pan Am pilots for
our custody, give it back to them and anybody desirous of using it go and
negotiate with those people as we should have done at first. Now that is all
I'm saying.
Mayor Suarez: I don't know if you want to second that motion. Lot me tell
why I would not vote with the motion.
Commissioner Plummer: I don't know whether I do or don't.
Mayor Suarez: First of all, as far as I'm concerned, the Pan Am pilots are
very nice folks that have come in here at the very last moment, from my
perspective, Mr. Price, have not suggested and have not provided any means of
storage or display of these artifacts, in fact have no interest other than as
interested parties and people who were somehow with this airline. We have
through the Manager negotiated what I think is a perfectly desirable way of
displaying these items, instead of having them in storage, and I'm not going
to vote with the motion, so... But anyhow it is a duly made motion.
Vice Mayor Dawkins: Sure, that's your privilege.
Mayor Suarez: And there may be a second.
Vice Mayor Dawkins: It is everybody's privilege up here to vote with or
against a motion.
Mayor Suarez: Precisely.
Vice Mayor Dawkins: But I just said let's bring it to a head. There is no
sense in us sitting up here, you know, going through this "feel good"
conversation, when all of us know how we are going to vote. So all of us are
ready to vote. I call motion. I call...
Mayor Suarez: Wait, wait, wait. We don't even know if we have a second at
this point.
Vice Mayor Dawkins: You don't have a second, so mine died. Somebody make a
motion and let's go.
Commissioner Plummer: I'll second it for discussion.
Mayor Suarez: OK, Commissioner Plummer.
Commissioner Plummer: Where has this stuff prior been stored?
Mr. Al Armada: It was stored since I think early 1986 in 1145 N.W. 11 Street,
the old Police Department Building on 12th Avenue and llth Street.
Commissioner Plummer: O.K., and then what you're saying, Mr. Manager, is that
in 1989 this Commission allowed some of that to be taken out and displayed in
Dinner Key Auditorium.
Mr. Odio: Yes, in the lobby of the restaurant which we own.
Commissioner Plummer: O.K.
Vice Mayor Dawkins: Pardon me, Mr. Plummer. Let the records reflect that
this was a motion passed when Miller Dawkins was absent. I would have raised
the same objections then that I'm raising now had I been present when that
vote was taken.
Commissioner Plummer: I'll vote for a motion - no, that wouldn't be fair
either. He wants it all to be put back into storage and be held there until a
museum is established is what I understand.
Vice Mayor Dawkins: No, J. L., I said put it back.
11 February 15, 1990
4 ',.:
Commissioner Plum*--ar: NO, ctr. Price.
Vice Mayor Dawkins: Well, if whoever wants to use it, J. L., in custody,
we're responsible. Now if the people who want to use it, they should go to
the people whn gave it to us for custody and I'm sure they would have been
glad to sit down with them and negotiate.
Commissioner Plummer: Was it given to us for custody, or given to us period?
Mr. Odio: As I understand, the record reflects it was given to us as a gift.
Mr. Price: No, sir, absolutely not right.
Mr. Odio: That's what the Law Department is saying.
Mayor Suarezt Let me, because you were not even asked, Mr. Price, ycu are out
of order. We will ask what you think the interpretation was, I haven't
established that you were here that day, I don't remember you being here that
day, I remember as a gift, but Commissioner Plummer?
Commissioner Plummer: Mr. Mayor, the item before us is a different item. May
I suggest that we vote one way or another on the item before us, and we
schedule for the next Commission Meeting that the Manager can research the
minutes and the facts and let's deal with that at the next meeting.
Mayor Suarez: That's fine, of course, that would make sense, although I do
also agree with Vice -Mayor Dawkins that we may already have our minds made up
on this. I tell you I sure have my mind made up, but it is up to you.
Commissioner Plummer: Well, let me tell you what it hinges on me. If it was
given to us outright as a gift then we are in the drivers seat and we can say
yes or no. If it was not, if it was held to us in custody then it is a
different story, I don't think we have the right to say yes or no to have
loaned it out. O.K.?
Mayor Suarez: And I'm not even going to try to answer that question ...
Commissioner Plummer: Well, that's why I'm asking it be deferred until the
next meeting and that determination can be made.
Mayor Suarez: If you want more information before you can vote on that
particular issue that's fine with me and I think fine with the Vice Mayor on
his concern. Commissioner Alonso?
Commissioner Alonso: I couldn't agree more. I don't think it is even fair
that we vote on an item that we don't have all the facts, and I make the
suggestion that whenever we are going to address anything for discussion, I
think this information should have been made available to us as to be able to
make the right decision because if we were to vote now we actually don't have
the facts, we have contradicted information right here, and I don't think it
is even fair to ask that we vote on something that we don't have all the facts
in order to make the right decision. Whatever we say, yes or no, it is not
right because we don't have all the facts. So I'm in favor of making the
right decision, I think we should defer this, at least this portion of the
discussion until next meeting, at least that is my feeling.
Mayor Suarez: Commissioner Plummer on Item 6 then what would you propose that
we vote on now?
Commissioner Plummer: I'll withdraw my second of the motion. What I'm
prepared to do is to pass item 6 and at the same time ask the Manager to come
back at the next meeting with a full explanation of where we are because I
personally don't remember whether or not it was a gift to the City or whether
it was, in fact, held in custody. I don't remember. So I'll move item 6 as
it is before us which has nothing to do with that issue.
Mayor Suarez: So moved.
Vice Mayor Dawkins: Second
Mayor Suarez: Yes, sir, do you want to address that particular approval of a
collateral assignment of that premises?
12 February 15, 1990
11
Mr. Price: Yes, I would, because it seems to me that in an important
arrangement like this between a private organization and a private bank, if
the information is not available to both parties - it is available to the
restaurant owners, but is it available to the bankers? And I would suggest
that in discussing this item, this agenda item, that, it might be appropriate
to point out to the parties involved that the artifacts -excuse me, I'm going
to read this a little better and memorabilia featured in the Havana Clipper
Restaurant can conceivably be construed to be stolen material. Now, I think
Mayor Suarez: Stolen material?
Mr. Price: Yes.
Mr. Odio: Mr. Mayor, let me clarify something.
Mayor Suarez: If it is necessary, Mr. Manager, we have a motion and a second
before us, if no Commissioner has any more questions as to this collateral
assignment ...,
Commissioner Plummer: Mr. Mayor, we can't let that go by the board now.
Commissioner Alonso: Excuse me Mr. Mayor, I think we have to hear this...
because it has been put into the record a statement that to me it is very
strong and it should be clarified by the Legal Department.
Mayor Suarez: Ok., who would you like to hear from, Commissioner Alonso,
Commissioner Plummer?
Mr. Alex Vilarello: The memorabilia itself has gone to Terremark pursuant to
resolution passed by this Commission and agreement entered into with Terremark
and Terremark at Dinner Key and the City of Miami. They have the memorabilia
there properly as far as they are concerned. It is not collateral to the
loan, it is not part of the collateral for the loan.
Commissioner Plummer: The question resolves did we have the right to do such?
Mr. Alex Vilarello: You've asked us to bring it back on the next meeting, we
have reviewed the transcript, and our review of the transcript says they come
bearing gifts at the end of the transcript, the Mayor says thank you for your
gift.
Mayor Suarez: And we've kept a lot of it too, which is not stolen. No, I
did not keep any. O.K. anything further on this particular item on the
collateral assignment? If not, please call the roll on the motion, and we
will, sir, Mr. Price ...
Commissioner Plummer: For the record, Manny Diaz, you're going to have to
come to the microphone on behalf, I assume you're speaking for Terremark.
Commissioner De Yurre: While he steps up I would like to have a
representative of Pan Am here that has, you know, the legal ability to say yea
or nea as to positions.
Commissioner Plummer: I can tell you Mr. Price has that approval. I've dealt
with him before.
Mayor Suarez: He has the approval to speak on behalf of Pan Am? I don't
believe he does, so I think we'd better have all of that clarified.
Commissioner Plummer: He is the representative of Pan Am.
Mayor Suarez: The one thing that we do agree on, Mr. Price, is that the
Commission wants to reinvestigate, rehash, reconsider, whatever the correct
term is, the whole issue of the memorabilia being located there, but otherwise
we're not convinced by your argument that that should stop us from acting on
Item 6. Why do you need to hear from Manny?
Commissioner Plummer: Manny, for the record, all I want is that none of this
memorabilia is, in fact, for the collateral in any way shape or form.
Mr. Manny Diaz: No, it is not part of the loan in any shape or form.
Commissioner Plummer: OK.
Mayor Suarez: Call the roll on Item 6.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-140
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR A COLLATERAL ASSIGNMENT OF THE CONCESSION
AGREEMENT FROM TERREMARK AT DINNER KEY, INC. TO
FLORIDA INTERNATIONAL BANK, DATED SEPTEMBER 25, 1979,
AS AMENDED ON NOVEMBER 26, 1986 AND ON OCTOBER 31,
1989 AND WHICH REQUIRES CITY APPROVAL OF ANY
ASSIGNMENT OF THE SAID CONCESSION AGREEMENT; SAID
ASSIGNMENT WILL ENABLE TERREMARK TO OBTAIN WORKING
CAPITAL TO FINANCE IMPROVEMENTS PERFORMED AT THE
HAVANA CLIPPER RESTAURANT IN THE COCONUT GROVE
EXHIBITION CENTER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL, CALL:
Vice Mayor Dawkins: I'm voting yes because I have no problem with the
assignment, I do have a serious problem with us not acting in the faith of
what I sat here and voted on when we accepted the artifacts.
Commissioner Plummer: I'm voting yes, but for the record, if, in fact, we
were a custodian rather than a recipient of a gift I would then vote with you,
Vice Mayor Dawkins, that you're absolutely correct. But it is my
understanding right now, it was a gift and we did have the right to do such,
but we'll deal with that at the next meeting. I vote yes on today's agenda
item.
Vice Mayor Dawkins: If it was accepted as a gift, Commissioner Plummer, it
was accepted as a gift with the understanding that we accepted it as - Now,
I'm only hazy now - but if it was accepted as a gift it was accepted as a gift
with the understanding that we would build a place to exhibit it. It was not
accepted as a gift that you could just have it and hold it until eternity.
Commissioner Plummer: And if I was perfectly clear on the issue, I would vote
accordingly, but I'm not and that's why I've asked that that portion come
back.
Commissioner De Yurre: And Mr. Mayor, I would like to have, when we bring
this item back, the cost of storing all those items because if we're going to
be holding it as a custodian, we may just want to charge a fee for storage.
Thank you.
Mayor Suarez: At the time I think it was mentioned to be 3,000 cubic feet
which caused a lot of commotion here because we were all trying to figure out
what 3,000 cubic feet was.
14 February 15, 1990
vy
J ,..
J
0
A. CITY COMMISSION'S MESSAGE TO ADMINISTRATION OFFICIALLY STATING ITS
POLICY DECISION NOT TO VOTE TO PLACE ON A REFERENDUM BALLOT PROPOSED
CITY BOND ISSUE TO SATISFY PRESENT CITY'S UNFUNDED PENSION LIABILITY.
B. DIRECT CITY MANAGER TO COME BACK WITH THREE DIFFERENT BUDGET
REDUCTION PROPOSALS - PROJECTING A 2 PERCENT, 3 PERCENT, AND 5
PERCENT REDUCTION FOR THIS AND NEXT FISCAL YEAR BUDGETS.
Mayor Suarez: Item 1.
Mr. Odio: Mr. Mayor, I'm going to turn this over to the team that has been
working with this. I just want to ask you please if you would hear us out
today, and a lot of hours have been spent ...
Vice Mayor Dawkins: What is this, Mr. Manager? What is this?
Commissioner Alonso: I would like to make a comment.
Vice Mayor Dawkins: Go right ahead Ma'am.
Mr. Odio: What are we doing Chhabra?
Vice Mayor Dawkins: He didn't give me that.
Mayor Suarez: All right, let's restore a little bit of order in our
proceedings here. Vice Mayor Dawkins is inquiring of a document that is being
passed out.
Mr. Odio: It is the same thing that you just got.
Vice Mayor Dawkins: Same thing what, that I just had what? Same as this?
Mr. Odio: Yes.
Vice Mayor Dawkins: All right, I received this yesterday and this this
morning, right?
Commissioner Alonso: I wanted to say that.
Vice Mayor Dawkins: OK, I just want you to understand now. I received this
yesterday and you're giving me this this morning.
Mr. Odio: It is the same thing.
Mayor Suarez: Commissioner Alonso wanted to ...
Commissioner Alonso: Yes, I just wanted to put in the record I received this
in reference to the item we are going to discuss and that we have said we were
going to give the entire morning for discussion I received this information
after four o'clock yesterday, I've been given this morning the rest of this
information right now at the beginning of the City Commission Meeting. I've
been handed this memo a few minutes ago, and I wonder how in the world I can
possibly digest all of this information, the numbers, the complexity of this
material in a few minutes while I'm trying to listen to the rest of the items.
Mr. Odio: Commissioner, if I may, what you have in front of you is a copy of
the presentation, the verbal presentation we're about to make, if you would
allow us to do so. We would go through the numbers. ... The idea of having a
whole morning to this issue was that we could explain to you, go page by page
on this report, in other words, this is a workshop.
Commissioner Alonso: Excuse me, Mr. City Manager, the suggestion of the
meeting this morning, it was my suggestion with the idea of clarifying the
items in order to understand it better, I think that this Commission needed
some time to digest some of this information and also are you going to make
part of this presentation this memo that was given to me?
Mr. Odio: The memo was given to me also just this morning from the unions
which I welcome, and it is just again information that we would like to, if
15 February 15, 1990
you allow us to do it, is to go through this report and then at the time wee
finish I know there are a lot of questions left.
Vice Mayor Dawkins: If you go through this, Mr. Manager, I don't know what
you're talking about because I have not had time to digest this.
Mr. Odio: I know that, Commissioner, but at some point somewhere we have to
explain it to you.
Vice Mayor Dawkins: No problem, I may be the only one. I'll just keep quiet.
I may be the only one who feels like this, don't worry.
Commissioner Alonso: I just expressed that prior to you saying that.
Vice Mayor Dawkins: So that's two, alright.
Mr. Odio: I want you to know that we have been working with the unions, with.
the Pension actuarials and everybody else for hours and hours, and all I'm
asking is that you listen this out, and I'm not even asking for a decision,
I'm asking that if we can explain it to you at least it is a beginning.
Vice Mayor Dawkins: But if you explain it to me and then you come back the
next time, and I've gotten my questions to ask, I mean I'm wasting somebody's
time.
Mr. Odio: No, sir, I don't think any time that you discuss this issue is a
waste of time. The problem is if we don't discuss it.
Commissioner Alonso: I'd also like to put for the record that I have spent
hours discussing this prior to last meeting with the administration, with
everyone that came to talk to me about this and I wanted to give my undivided
attention to this topic that is of major importance to the City of Miami. And
my comments to the regard that I wanted to see this material prior to this
meeting was because I feel that since the nature of this matter is so great
for the future of the City of Miami that it requires that we digest this
information thoroughly prior to going through the formal presentation that it
is going to be given to us this morning. This is a major decision that we
have to take, one that we have to make because it is of great importance. We
cannot continue to close the eyes to this problem, and since we are very well
aware that is why we are so concerned of receiving material of this nature
when it is given to us a few minutes prior to the presentation. But go ahead,
maybe you will do miracles and we will be able to understand it all in a short
period of time.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: We're not going to come up with any decisions today,
I'm certain of that, so we might as well see what they have to say and I
imagine this will be one of a number of meetings that we're going to have to
have to deal with this issues.
Commissioner Alonso: I'm sure of that, but .I think it is becoming a system in
this Commission that we are given material at the time that we sit hereandwe
make major decisions, and I think it is not fair for the citizens of Miami
that we have to say yes or no to items of great importance when we have sot
had enough time to study the material. I for one, am not willing to stand and
take that position, and I'm sure that the rest of you feel exactly the same
way that I do.
Commissioner De Yurre: Then hopefully you'll support my Commissioner's
Awareness Program because that will cut out exactly what we're talking about
here, this problem.
Commissioner ,Alonso: Maybe we will.
Vice Mayor Dawkins: Mr. Mayor, I will not vote on this until I have read it,
and once I have read it I will discuss it with the bargaining agents. I don't
know if they know what is in here. I haven't had a chance to talk with them
and then talk with the administration, I mean this is not the way I see to do
it. Now, when did the bargaining agents see this?
I believe the day before yesterday.
February 15, 1990
Nice Mayor Dawkins: They saw it the day before yesterday, now maybe they've
got some genius over there wh: can explain this to them or whatever. When did
they see this?
Mr. Odio: That's the same thing that they saw the day before yesterday also.
Vice, Mayor Dawkins: Now I have not had the time to read it and talk with them
to find out where we are and where they are. But everybody says they want to
hear it so, so be it.
Mr. Odio: I tell you what, if you prefer not to discuss it and you have time
to digest that whole book that I read and could not understand unless somebody
that understands pension can explain it to you, then it is fine with me.
Vice Mayor Dawkins: Hold it now. Wait a minute. Back up. You're telling me
that you are prepared to present something to me for me to act on that you
have not read and do not understand and don't know nothing about yourself?
Mr. Odio: Commissioner, I know every number in this book. What I'm saying to
you is that what I'm trying to do today is to please go through the
explanation that experts in this field can give you, so that when you sit down
and try to analyze this book you understand what this is all about. It is not
a simple matter. I do know every number in this book.
Vice Mayor Dawkins: Well, I don't.
Commissioner Plummer: Well, let me ask you this: How long will this
presentation take, approximately?
Mr. Odio: About an hour.
Commissioner Plummer: Well, as I recall, it was a request of this Commission
that we set aside a morning and that is basically what we have done.
That's right.
Commissioner Plummer: And it is not a simple matter in any way shape or form,
it is a very complex matter, and further complexed by the Gates Suit which
took all of the so-called norms and turned them around. This matter is not
going to go away. Now that's all I've got to say, I think each one of us
probably have different opinions of how you're going to possibly resolve this
matter, but, you know, I served on those two boards for five years as
chairman.
Vice Mayor Dawkins: That's what's wrong with it.
Commissioner Plummer: I'll be damned if that's so. If they'd have listened
to me, we'd all have been in good shape - not the boards, of course, that was
not the matter. I think that maybe what we ought to do so that everybody
would have a clearer understanding when we read these books, because we're not
going to make decisions here today, is to take the hour that we've set aside
and listen to the presentation, and then we can go back, read the books later
on, come back and hopefully at the next meeting go into further discussion and
maybe come to a conclusion of how we're going to resolve this matter. As I
say, it is a matter that is seriously jeopardizing this City's financial
picture.
Mayor Suarez: Let me add to what you've stated. That is entirely correct
that we have probably here the most confusing item, not only in terms of the
number of signatories or entities that would have to approve any change
Including possibly a court, but also in terms of the parameters. I, for one,
have only one slight bit of interest in this, and it was expressed by
Commissioner Plummer at the last meeting in the following way: Now, maybe the
rest of the Commission has other interests in this, but my only interest is is
there any simple, very simple, not costly way to regularize the payments, If
I am convinced at some point in this discussion this morning that, that cannot
be done in a simple uncostly way, then I'll turn off and you can make all the
presentations you want. You could go ahead and start in the afternoon, you
can do it through lunch, you can do it tomorrow, you can do it tonight and it
is not going to have any effect on me, because they only thing I would be
interested in would be the possibility that there is a way to make the
February 15,
payments more regular over time. He asked about that last time, he took tho
total amount and he said divide it by the number of years, it comes out with
x-amount. I know it is not that simple because you have actuarial
calculations involved, and you have investment effects and so on, but if it. Is
not that simple, but somebody can make it as close to as simple as that, then
that's fine because that's about the only thing in all of this that merits any
attention from my perspective. Otherwise I would be disposed, as I told the
Vice Mayor a couple of seconds ago not to hear the item at all because I
really have no interest in this other than that possibility. Mr. Vice -Mayor?
Vice Mayor Dawkins: I'm going to voice the same sentiments of Commissioner
Alonso I get tired of having information given to me moments, or hours before
the Commission Meeting, and until somebody can understand that I am not going
to act this way then I'm not going ... Perhaps that got us here is our not
being knowledgeable about what the hell we were doing. So now you're asking
me again to go along with some figures and numbers that have been compiled
that I have no - I haven't questioned anybody, I don't know anything about it.
Somebody just says here that's what's beat for the City of Miami, run with it.
I'm not going to ...
Commissioner Plummer: Well, Mr. Mayor, as you stated before, I think there is
a simple solution, it is not going to be easy, and that is we're going to
tighten our damned belt and we're going to pay it. Now, you can go any v►ay
you want, but as I've sat here for twenty years it has always been my criteria
we're going to live within our means and taking out a bond issue that is going
to cost us $400,000,000 to do ain't my way of doing business.
Mayor Suarez: Ditto for me.
Vice Mayor Dawkins: That's the only thing you said that I agree with this
morning.
Commissioner Plummer: Like I said before, it is going to be a hell of a day.
Mayor Suarez: In as simple a way as possible propose some alternatives, I
advise in view of what you've heard this morning is that the analysis be kept
as easy to understand as possible because no one has had a chance to digest
the documentary materials apparently, some of us probably have no interest in
digesting documentary materials, and I include myself in that group.
Mr. Odio: Well, I told you before, Mr. Mayor, I feel an obligation to
discharge my responsibility by telling you that if we don't resolve the
pension issue that the City of Miami cannot provide the level of services that
are required by the citizens of the City of Miami in two years down the line,
and I have an obligation to discharge that obligation.
Mayor Suarez: OK, why don't you get into the presentation, please,
Mr. Odio: And there is no simple solution, if that's what you're looking for.
Mayor Suarez: Well, then maybe there won't be a solution, but why don't you
try us and make the explanations and clear and concise as possible.
Mr. Howard V. Gary: Thank you Mr. Mayor and members of the Commission, my
name is Howard Gary, financial advisor to the City. I'm trying to make this
as simple as possible and as short as I can. I'd like to begin with the
reasons why we're here today and basically the reason is the Gates Judgement.
The second reason, and I think they are both top priorities, is the City's
financial health and condition. Let me begin by giving you a little history
of the Gates Judgement. The issue of the Gates Judgement began in 1939, and
it began when the City had millage dedicated specifically for pension
purposes. What happened was that during this time from 1939 up to around 1976,
$37,000,000 was improperly used by the pension Fund ...
Commissioner Plummer: No, no, not by the Pension Fund.
Mr. Robert Klausner: No, not by the Pension Fund.
Mr. Gary: By the City Commission, the City administration, by the City of
Miami.
18 February 15, 1090
I
Commissioner Plummer: No, I'm not going to accept that - the Manager. I know
you managers have a problem even though it wasn't you, there were $37,000,000
of funds improperly used, I'll accept that.
Mr. Gary: Correct. As the result of this, the pensioneers raised the issue
that they were owed this $37,000 plus interest and at that time it was
approximately $15,000,000. The date of the judgement was March 23rd, 1985 and
there were a number of conditions related to that judgement. ...
restructuring of the pension administration ...
Commissioner Plummer: Mr. Mayor, can I interject as we go along? Do you
mind, Howard? Because I think it is very, very, very important that it is not
there that it be remembered that this was not a judgement handed down but a
consent decree, that this City agreed to that consent decree and that is very
important to remember. It was a settlement but it was a consent decree.
Mayor Suarez: I think there were some adverse rulings to the City, J. L. I
think there was a finding by a court that we were in the wrong and then ...
Commissioner. Plummer: It was still a consent decree that was entered into
because at this Commission we agreed to it.
Mayor Suarez: I think we fought it pretty far along - and this was all prior
administrations, of course, I don't know that it matters. Certainly we are
part of a judgement, we are bound by the judgement.
Mr. Klausner: There were adverse rulings on the question of liability, what
was settled was the issue of damages.
Mayor Suarez: Yes, the amount. Go ahead.
Commissioner Plummer: The potential liability if, in fact, it had gone forth,
was devastating.
Mr. Gary: And I think that is a critical point because at the time when they
did get a judgement we had adverse rulings. We entered into a consent decree
to minimize our liability all at one time because we knew if we lost that case
we had to come up ...
Mayor Suarez: That's a matter of guessing, Howard, but we certainly entered
into a consent decree and pursuant to at least one adverse ruling on the issue
of liability. The total amount of the judgement was then what? $213,000,0000,
right?
Mr. Gary: The total was 213 and the pay out schedule over a period of time
totalled $561,000,000, that's the Gates Case.
Mayor Suarez: That's also approved by the court.
Mr. Gary: That was approved by all parties involved including the court.
Correct. And if you see a cost of 213, amortized is 561 and this is Gates -
shows you that the cost of financing this 213 under Gates is $348,000,000.
This is the judgement.
Mayor Suarez: With no disrespect to my brother Commissioner, J. L. Plummer,
this is from the Commissioner Plummer accounting system - be careful that you
don't go around saying that the long term cost of Gates is the difference
between the payments to be made and the face amount of the principle
judgement, unless people understand that this is an interesting calculation
that the Miami City Commission because of Commissioner Plummer's suggestion
likes to look at. In accounting and economic terms, it doesn't have a heck of
a lot of other significance, but I see what you're saying, and I hope the rest
of the Commission understands, that it is the total number of payments without
reducing it to present value minus the face value amount, I guess is what
you're calling the cost of it, I don't know what it means.
Commissioner Plummer: There is no cost factor if you pay the 213 today.
There is no cost factor.
Mr. Odio: The total out of pocket dollars that will be paid when you finish
paying Gates is going to be $561.2 million dollars.
19
February 15, 1990
I
El
Mayor Suarez: Right. And Commissioner Plummer in the past has asked on any
kind of indebtedness for us to give him, for the City to give him a schedule
of all the payments and he adds them all up, does not reduce the present value
and that's the kind of figure you get. It is interesting, it is worth
something I suppose.
Commissioner Plummer: Let's put one of the other things on the board. OK?
Because I'm not going to accept a tremendous amount of liability here or
catching hell. It is a City Manager of this City who sold this thing down the
drain and made it an impossible situation. To the credit of the people of the
Gates suit, they tried to come out and tried to make a payment schedule that
would have not created this havoc, and that City Manager rejected that and
sold this Commission on it that it was the only way and the best way to do it,
and because of that that's wherein the jackpot today. We could have done it
otherwise.
Mr. Odio: Commissioner, you're right because what happened is until the year
195 the payments would have been easy. As a matter of fact, if I look at it
from my point of view, next year's cost of pension will go down instead of up
because of the great returns we have had on investments, but if you look down
at 195 there is no way that even with good investments you're going to be able
to afford it. You're going from a $37,000,000 debt, that $37,000,000 has
turned into $561,200,000 because somebody didn't face up to the $37,000,000
Mayor Suarez: Mr. Manager, that is not a particularly correct statement. Why
don't we complete the presentation.
Vice Mayor Dawkins: That individual was hired by Howard Gary.
Commissioner Plummer: That's true.
Mr. Gary: Another reason why it is important, we think to address this issue,
is the fact that we obviously would like to have a financially healthy City,
we would like to keep our good bond rating and I'm sure the City would like to
also maintain the current service levels. I'd like to give you also a
historical perspective of the City's finances over the last five years. What
I've attempted to do here is to show you that the City even though it is
fiscally healthy to come degree, in 1985 you started out with a $29.3 million
dollar fund balance. In 1986 it went to 23 and currently you're at
$8,000,000. So you have exhausted a considerable amount of fund balance and
the resolution which was proffered by Commissioner Alonso and supported by the
Commission, says you want to get back to the fund balance because it has - a
significant fund balance - because it has an impact on how this City is
perceived as well as your ability to manage the City in all types of
situations. One of...
Commissioner Plummer: Excuse me, was it not the fact, as I remember
Commissioner Alonso's proposal, that we would have no less than a fund balance
of $6 million?
Commissioner Alonso: Of ten.
Mr. Gary: Ten, ten, it was ten.
Commissioner Plummer: Ten?
Mr. Odio: Ten percent.
Commissioner Plummer: OK.
Mr. Gary: Now, let me just explain some of the reasons, because we're not
trying to throw blame here in terms of going from 29 to 8. There's some real
good reasons why your fund balance went down, First of all, you lost federal
revenue sharing. That total cost, over five years, you've lost $35 million
dollars. And these were monies that you were depending on, on an ongoing
basis for years to operate the City government.
Vice Mayor Dawkins: Hold it right there.
Mr. Gary: Yes, sir.
20 February 15, 1990
Vice Mayor iawkins: Didn't the administration realize that at one day the $35
million... the government was going to dry up and they didn't have no
contingency plans?
Commissioner Plummer: Plus the fact that they built in all of this in
operating expenses and didn't put it over for projects that were done and
completed. That's where the problem is.
Mr. Odio: Yes, as I can say, that I wasn't the City Manager, I can tell you
that there was no planning for the loss of federal revenue and I understand,
in the reasoning behind that City Manager named Rosencranz that he felt that
with the federal revenue sharing, he could afford to pay Gates and it was this
City Manager that had to make the first payment to Gates because they were not
here. And without federal revenue, we lost it the first year, we had to make
Gates case, as it turned out to be.
Vice Mayor Dawkins: OK, thank you, go ahead, Mr. Mayor, Mr. Manager.
Mr. Gary: Another reason we had to use federal - I mean, I'm sorry -- your
fund balance was the fact that there was a cancellation of the street cleaning
fee which would have provided $23 million dollars.
Commissioner Alonso: What do you mean by that? It was never approved, it was
a suggestion. It was, in effect, we had, at one point, a cleaning fee...
Mr. Odio: Yes.
Commissioner Alonso: What period of time?
Mr. Odio: We got checks in the mail and...
Commissioner Alonso: I beg your pardon?
Mr. Odio: We received payments and we had to return them.
Commissioner Alonso: Wait, wait, wait, wait, wait a minute. How long was the
cleaning fee in effect?
Mr. Odio: Five months.
Commissioner Alonso: Five months. What year?
Mr. Odio: Three years, four years ago.
Commissioner Plummer: Yes, that was Samit Roy's billy goats.
Commissioner Alonso: What year?
Mr. Odio: Four years ago.
Commissioner Alonso: Four years ago it was for five months. How in the world
you thought that the fund balance was going to come from the cleaning fee?
Mr. Odio: We didn't say that the fund balance would come from there. We said
that we had...
Commissioner Alonso: Why are you using explanations...
Mr. Odio: ...we had budgeted the cleaning fee because it was passed as an
ordinance.
Commissioner Alonso: That was a desperate move from the administration in
order to get money out of the citizens pocket. In another intent to get money
because the City of Miami didn't have money and it was unfair because they
were already paying more than their share in taxes in the City of Miami. So,
I don't know how in the world we were planning on doing things like that is
like we dream of adding another user fee that is incredible and say everyone
who dresses one day a year in white, will have to use user's fee or something
to that effect. It was like telling all the merchants in Miami, close the
doors and go home and starve to death.
21 February 15, 1990
Mr. Gary: Another reason the fund balance was used, was the mere fact that
you had a ten mill cap operation, I mean, limit. And you had increased
services. One of the significant increases you've had has been in the Solid
Waste Department, a number of which has been because of the fees that Dade
County charges for your disposal of garbage. You also wanted to maintain
existing service levels without increasing...
Commissioner Alonso: I'm sorry, go back again to why the fund balance
changed, not imposing ten mill for operating - explain that to me.
Mr. Gary: Well, the reason - if you've got a cap on how much you can tax
people...
Commissioner Alonso: Yes.
Mr. Gary: ...and you want to keep the same level of services you've had from
year to year and we all know that the cost of bread and everything else goes
up, obviously your cost has gone up. So that money has to come from
somewhere. The way you...
Commissioner Alonso: The users fee.
Mr. Gary: OK.
Commissioner Alonso: We've been charging that.
Mr. Gary: But let me explain, you were charging it the past years too so that
was already a built in cost and a built in revenue.
Commissioner Alonso: Yes, and what about assessment that goes up? -property
values?
Mr. Gary: OK, the property values go up, Commissioner Alonso, but not at the
rate that your expenses are going up. That's the problem.
Commissioner Plummer: I remember a minority manager who said, "I ain't going
to the ten, I don't care what happens."
Vice Mayor Dawkins: Mr. Bailey... I mean - I know, we all look alike, ain't
no problem - Mr. Gary, for at least a minimum of four years, the County
assessed our property at a higher value than it was assessed. Is that a
correct statement? In the City of Miami.
Mr. Gary: They assessed...
Vice Mayor Dawkins: Yes, when the County assessor assessed property in the
City of Miami for the tax rolls, he assessed it at a higher rate than it was
previously. Is that a correct statement?
Commissioner Alonso: Yes.
Vice Mayor Dawkins: Yes or no, sir?
Mr. Gary: Yes, yes.
Vice Mayor Dawkins; Now, you know where I'm heading, that's why you're a
little, you know, reluctant to answer. Go on back, it's OK. Now, and each
time the County raised the tares and we got a windfall instead of sticking
that in the kitty, we came back and said, which was Voodoo accounting, we are
going to - not reduce the millage, what you all say we were going to do, Mr.
Mano?
Mr. Gary: Maintain.
Vice Mayor Dawkins: Huh?
Mr. Surana: Maintain the millage.
Commissioner Alonso; Maintain.
Mr. Surana: Reduce and maintain.
22
Vice Mayor Dawkins Maintain the mill.age, provide the same services. There
would be no reduction in services and but yet, we had extra money. See? And
now, you spent it and now you're coming back blaming the Commission saying
that we didn't maintain $160 annual garbage fee when had you maintained - not
_= you, now - had we maintained the garbage fee, I mean adjust it to that
increase, we wouldn't be in this fix.
A Mr. Gary: Well, I'd like to make one comment. This presentation and these
reasons are not blaming anybody. What I'm trying to give you is, how we got
to where we are and it's not blaming anybody. That's the first thing.
Vice Mayor Dawkins: Who asked you to blame anybody?
Mr. Gary: No, I'm just telling you.
Vicar Mayor Dawkina: Who said who blaming who? We're trying to get facts.
Mr. Gary: Right.
Vice Mayor Dawkins: OK, that's all we're asking are the facts. See, the
blame is, Mr. Gary, that we have a problem here that we have to solve. That's
the blame. See? And you're helping us understand how I got there why I'm
trying to be ahead of you and find out how to come up with a solution, air.
k
-7
Mr. Gary: Very good, air.
-s Commissioner Alonso: Yes, it is a very serious problem that we have to
! resolve and with all due respect, all of you people have been part of the
problem but we have to be part of the solution. And it's a very difficult
solution to find without taxing any more, the citizens. One other request, in
reference to the street cleaning fee, I'd like to know exactly, I'd like to
—_ get the information about when it started to be where the people were charged,
from what date to what date? And how it was part of our budget. What month
it started and what month it ended and how it was made part of our budget and
planning for the year. OK? Thank you.
—" Mr. Gary: Another reason why a fund balance had to be used and ultimately
;i reduced, is that you had additional funding for crime programs, which is $15
million dollars, the civil disturbance obviously cost you $2 million dollars
=; and you approved the City's fleet which cost you $10 million dollars.
Commissioner Alonso: .Just a minute...
Mr. Gary: Yes, ma'am.
Commissioner Alonso: ...don't go, don't go away because we have to digest
this and I don't want to be fooled with so much information that we don't
digest. Maintain the hundred and sixty annual fee, which we have. There is
no need to absorb additional cost of solid waste. department if we do things
right, I don't see why we have to absorb any additional cost whatsoever when
the citizens of Miami pay an approximate amount of $600 including the hundred
and sixty that they paid, plus the amount that they paid through their taxes.
So, when you put that amount together, everyone pays for solid waste an amount
around the figure of $600, which is more than sufficient to cover for expenses
in solid waste department because we are made to believe that they pay only
$160 when we all know that the true amount is $600 or more.
Commissioner Plummer: Howard, you're....
Commissioner Alonso: These are the regular services that we are supposed to
provide so I'm not impressed with any of that.
Commissioner Plummer: Excuse me...
Vice Mayor Dawkins: And a point that Commissioner didn't raise, I'm going to
raise, is, you know, in this process, you always pick on the area that you
figure has the least amount of resistance, see. They didn't say they were
going to add additional money for fire service. They didn't say they were
adding additional money for police service. They didn't say they were going
to add additional money for parks and recreation. But sanitation is.the one
with the least amount of fight back so let's just tack everything on the
garbage fee and, you know, and eventually, the citizens will feel that they
23 February 15, 1090
can't afford the garbage fee and we can private with it. You know, that's the
theme.
Commissioner Plummer: Howard, just for the record, you know... history is
nice and history sometimes has a way of repeating itself. We're not going to
go back and change history. This does not address the problem that we're in
today. The problem we're in is, where in the hell are we going to get the
money? I couldn't care less, forty thousand reasons why we're in trouble, we
all accept the fact that we got a financial problem and when you sit here,
I'll take everyone of those things, because I've been here 20 years and I'll
show you where the bones are buried and why it came about and how it happened.
That's not what's important.
Mr. Odio: Yes, but the others haven't.
Commissioner Plummer: What's important is, where do we go from today?
Mayor Suarez: I have no idea what the bearing of any of this is on what we're
dealing with.
Commissioner Plummer: I can argue each and every one of those points there
and I can argue it either way, OK? Typical politician. But what I'm saying
to you is, is the problem is where and how are we going to address it from
today? All of those, OK, Howard, we're bad boys. Now, you've slapped us on
the wrist, let's talk about how we're going to come about a solution, OK?
Mr. Gary: This is not to slap people on the wrist. What it is, to show you
is where we started from in terms of having a real good fund balance, which
makes this City fiscally sound. Where we are now and if I come up here
without reasons...
Commissioner Plummer: Are you going to put on the record, Howard, that the
only reason that we're in serious jeopardy is because an acting city manager
wanted to become City Manager? That's not in there.
Mr. Odio: I'll put it in the record.
Commissioner Plummer: It's not necessary.
Mayor Suarez: By the way, by the way, as long as you put that chart up there
to clarify one point, what is that GSA fund balance that you're indicating
fiscal year 185 at 10.4, then down to 7.4 the next year and down to zero after
that?
Mr. Odio: From 182 through 185, the GSA would charge to the departments...
Mayor Suarez: Oh, the old intergovernmental charges of GSA. Did it resolve
in 10.4 million dollars...
Mr. Odio: At one point...
Mayor Suarez: ...to be in the bank in October 1, 1985?
Mr. Odin: Yea.
Mayor Suarez: You don't want me to test that, do you, Mr. Manager, and go
back and find an account on October 1, 1985 that had 10.4 million dollars
identified as a GSA fund balance, would you?
Mr. Odio: I can tell you that there was a...
Mayor Suarez: Because at that time I asked you what the general fund balance
was and you're showing it as 12.5 and I guarantee you that I won't find an
account with 12.5 million dollars on October 1, 1985, Mr. Manager, so I
wouldn't bet me on those, either of those. Anyhow, these are all very
interesting fictitious numbers. What is the relationship to the fund - the
pension plan and system fund balances, underfunding and what we should be
doing about it.
Commissioner Alonso: Mayor, you just said fictitious numbers, that's a very
(. serious statement and that is true, I like the administration to clarify that
[ for us...
24 February 15, 1990
Mr. Odio: These numbers are...
Commissioner Alonso: ...because we are really in lot of trouble right now
with the finances of the City of Miami...
Mayor Suarez: Commissioner Alonso, here's...
Commissioner Alonso: ...and if they're playing with numbers again, I think we
are in very deep trouble.
Mr. Odio: These numbers can be...
Mayor Suarez: Here's what I meant by it. I wouldn't... Mr. Manager...
Commissioner Plummer: Been saying it for years.
Mayor
Suarez: ...what I meant by
that fictitious is that I guarantee
you and
_
= I'll
bet everything I have in my
wallet - thank God I don't have too
much
that on October 1, 1985, which is presumably what that means there, fiscal
year 185, it ended October 1, 1985, the next fiscal year began at that point,
you would not find, Commissioner Alonso, or any of us, a GSA fund in any bank
account with 10.4 million dollars in it, nor a general fund balance of twelve
and a half million.
Mr. Odio: Mr. Mayor, I'll be...
Commissioner Alonso: Right, but then who guarantees to us that we have eight
now?
Mr. Odio: I will provide you...
Mayor Suarez: Oh, they better because that's in an ordinance that you
suggested and that I very much endorsed.
Commissioner Alonso: That's why I'm very concerned and that's why I passed
the ordinance because I proposed the ordinance because I wanted to be sure
that we have it. Do we have it, Mr. Manager?
Mr. Odio: I'll be glad to provide you a financial statement certified by
Coopers & Lybrand with those numbers.
Mayor Suarez: That's not what I was asking about, Mr. Manager. I was talking
about a bank account with...
Mr. Odio: You keep misunderstanding bank account from fund balance and...
Mayor Suarez: Well, but that's why I want to tell you that I consider that
sort of mentality to be a figment of the imagination of accountants, because
those funds, Commissioner Alonso, I guarantee you, were not in a bank account
with 10.4. In fact, I see Arthur Teele back there, he embarrassed us one time
by going through our entire budget, our projected fund balance and showing
that these are all interesting figures, but that they never actually were
realized. Anyhow, go ahead.
Commissioner Plummer: I got the answer, eliminate the Police Department for,
one year.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: We know the economic straits of the City, Howard, I don't know
why any of this is relevant to - that's why I was hoping to stick to the issue
of the payment schedule, what the Court has required us to do, and how we can
regularize them, if that's what we want to try to do.
Commissioner Plummer: What we need to do is take that line and straighten it
out.
Mayor Suarez: That's the idea.
Commissioner Plummer. That's the simple solution.
25
Mayor Suarez: Thank you.
Mr. Gary: This just shows from 10.3 million that you're paying in 184 will go
to 33.6 and do need to straighten that line out.
Commissioner Plummer: Which the unions, at the time of the consent decree,
agreed to.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Vice Mayor Dawkins.
Vice Mayor Dawkins: Do I make a motion or suggestion or what? Do we let Mr.
Cary go through his presentation uninterrupted and then we hear from the union
uninterrupted and then we move on?
Mayor Suarez: Yes, I think...
Commissioner Alonso: I'm sorry, I disagree with that completely...
Vice Mayor Dawkins: OK.
Commissioner Alonso: ...because if I don't ask the question...
Mayor Suarez: At the time.
Commissioner Alonso: ..at the time, it will be impossible for them to
remember what they said at that particular time and it will be impossible for
me to ask the pertinent questions.
Vice Mayor Dawkins: I agree.
Mayor Suarez: At least we're on the problem now, Mr. Vice Mayor, and not on
the history of the City's investments and fund balances and all of that and I
think as we go along, the figures will be fairly easy to comprehend, from this
point forward, certainly. And, by the way, Mr. Manager, you noticed that 33
million dollars is in the year 2006. I would really, really appreciate if you
and anyone else in the City staff would not continue to say that we will be
paying 33 million dollars in a couple of years. That's...
Mr. Odio: I don't think I mentioned thirty...
Mayor Suarez: ...sixteen years from now. Mr. Manager, you've said it to me.
Thank God you haven't said it to the media too much but...
Mr. Odio: Mr. Mayor, that's only part of the payment. That's only the Gates
part. You are not looking at normal costs.
Mayor Suarez: That's right. The underfunding liability, payment schedule
continues to increase to the point of 33 million dollars in the year 2006,
which is 16 years from now. Which may very well be the equivalent of what we
pay now with inflation, but, go ahead, Howard.
Commissioner Plummer: I think there's another important point to remember.
That it's not jumping from today of 13 million tomorrow of 33. It escalates
at about 3 to 4 million a year.
Mr.. Klausner: Five percent.
Commissioner Plummer: Well, five percent.
Mayor Suarez: Expected inflation rate.
Commissioner Plummer: Which, in effect, is what we can actually handle is
without going to a bond issue.
Mayor Suarez: And it's the expected inflation rate anyhow. Go ahead, Howard.
Commissioner Plummer: I like the other year, the year 2009.
Mr. Gary: Moving to the future, Mr. Mayor, what this chart shows is basically
we've attempted to estimate what we perceive our projected shortfall to be
26 February 15, 199tD
from 1990 to year 2000 and what impact bonding out the pension will have on
it. As an example, in year 1990 and 191, we are projecting approximately 14
million dollar budget shortfall.
Commissioner Plummer: Now is that - so that they understand, is that with the
regular payment or is this the Gates only?
Mr. Gary: This is Gates only.
Commissioner Plummer: Now, what is it total?
Mr. Gary: OK, the total cost is about seventeen something, Commissioner.
Commissioner Plummer: Well, but you've got to say that because what you're
showing here, a directed shortfall, shortfall is in regular payments as well
as the Gates payment. It's two separate payments.
Mr. Klausner: There won't be any regular payments.
Mr. Gary: If I can, Commissioner Plummer, what wore talking about...
Mayor Suarez: Projected shortfall on what?
Mr. Gary: In the budget.
Mayor Suarez: The City budget?
Commissioner Plummer: In other words, tie's...
Mr. Gary: This is the City's budget.
Mayor Suarez: This sounds like the County, they come in and say $80 million
dollars projected deficit. Is that what you're talking about?
Commissioner Plummer: Shortfall is not the word. What the word is,
-i additional payments per year.
Mayor Suarez: What does that mean, $13 million dollars projected shortfall?
Mr. Gary: If I may, if you want to maintain your services that you have
currently and the revenues you're going to get, that you currently get, you
want to maintain those, in next year's budget, you will be 14 million dollars
short.
Mayor Suarez: I guarantee you we won't, but go ahead because we'll have a now
Manager if he comes in and says we have a 14 million dollar shortfall, for
myself.
Mr. Gary: If you did not have to pay...
Commissioner Plummer: Let me tell you also that you'll have a new Commission
jbecause none of us will get reelected.
Mayor Suarez: That's right. So I don't know what that figure means. If
that's what he's estimated as shortfall for next year's budget, tell him.to go
back and redo his numbers and start getting rid of some people. I can think
of a few names and I've always threatened to put them in the record, but go
ahead.
Mr. Gary: OK, this is one of the things we are suggesting in terms of how you
could reduce that. Your Gates unfunded payment, just the Gates unfunded
payment...
Mayor Suarez: Now, we're talking about the subject of this meeting today.
Mr. Gary: It's 15.4 million dollars. So, obviously, if this was not coming
out of the general fund, the general fund would not have a shortfall of
thirteen or approximately fourteen million...
Mayor Suarez: For example, U11 somebody gave us 15.4 million dollars, you
know, as a grant or a benefactor to the City, just gave us a check for:15.4
million dollars, then we would have an adjusted shortfall savings of 1.7
million.
February 15, 199Q
27
Commissioner Alonso: Terrificl
Mr. Odio: Mr. Mayor, voodoo economics as you call it or somebody called it...
Vice Mayor Dawkins: I called it. Miller Dawkins, not the Mayor, Miller
Dawkins.
Mr. Odio: Yes, OK, Commissioner, let me explain something to you...
Mayor Suarez: I'll be the first to call it voodoo economics.
J Vice Mayor Dawkins: That wasn't the Mayor, I said it.
Mr. Odio: ...if we negotiate an agreement with the unions as was proposed and
I withdrew the proposal of just a four percent increase in salaries, it...
-i Mayor Suarez: We're beyond that, Mr. Manager. We're not talking about the
-; projected shortfall which you're going to solve by the time you present to us
'! a budget because we don't accept - at least I don't accept minus 13 million
dollars like the County Manager does all the time. We're talking now about
15.4 million dollars that we must pay in unfunded pension liability payments
—1 and how we're going to regularize those.
Mr. Odio: I just wanted to explain to you that the growth, the normal growth
_R of this City's budget, is 7 million dollars a year.
=j Mayor Suarez: I am fully aware, all of us are aware...
Mr. Odio: And something's got to give.
Mayor Suarez: ...that the unions always want 4 percent increases and that the
total budget is about $200,000,000 and that means seven, eight million dollars
by the time you add expenses. So you're saying, if somehow, we found a way -
and Commissioner Alonso really should he inquiring because I've seen these
=( numbers and I've gone through this 25 million times. You're saying, if we
somehow found a way to pay the unfunded pension liability from some source
other than the general fund or operating millage rate...
Mr. Gary: Correct, correct.
Mayor Suarez: ...rates apply to the taxable value of the City, then we would
�.� have a savings of 1.7 million.
=S
Mr. Gary: Correct, you would not have shortfall.
Commissioner Plummer: Yes, but you see, Mr. Mayor, the statement that you
made before and I'm not finding fault with you or other members of this
Commission, you did, in fact, this year vote on that kind of a budget.
Because built into this year's budget was the increased revenue from a garbage
fee that did not take in effect so, in effect, we do not have a balanced
budget.
Mayor Suarez: Yes, I would strongly recommend to the Manager that he not
include in the budget ever, anything that we haven't approved. Why would you
include that in the budget if the Commission hasn't approved it?
Commissioner Plummer: Because he said he had to do it.
Commissioner Alonso: That's incredible.
Mayor Suarez: Then, we have to look for someone that has a different approach
to budgeting. I cannot ever expect the Manager - and I hope I speak for the
entire Commission, if not, maybe somebody ought to say it - a source of
revenues that this Commission has not approved, please don't budget, don't put
that in the budget, Mr. Manager, because it just confuses things.
Commissioner Plummer: The garbage fee that you built into this year's budget
did not pass so that, in effect, was not a balanced budget.
Mr. Odio: It was in the budget book and I explained it during the workshops.
28 February 15, 1990
Mayor Suarez: And I strongly recommended to you for my vote on any proposed
budget, that you don't include any fee that we haven't approved. It doesn't
do any good and it's not based on reality, it's based on your ideas of what
the Commission ought to approve which the Commission is not disposed to
approve.
Vice Mayor Dawkins: I think we're being unfair to the Manager. The Maneger
explained that to us during the budget hearing that we bid for it. Now, let's
don't...
Mr. Odio: And you voted for it. And you voted for the budget.. What do you
want me to do?
Mayor Suarez: I didn't vote for that element in the budget, I guarantee you
that.
Commissioner Plummer: I didn't vote for the budget.
Vice Mayor Dawkins: You two didn't come to the budget hearings, that's why
you didn't vote on it.
Commissioner Plummer: Didn't have to, I knew it.
Mayor Suarez: OK.
Mr. Gary: In essence... no, don't put it up there yet... in essence, Mr.
Mayor...
Commissioner Alonso: I just hope we can pass in Tallahassee my proposal for a
passengers fee at the port because that will be the only solution that I see
in the City of Miami. We are going to get at least 20--25 Trillion and we will
be: able to resolve this problem. Because as I see the numbers right here...
Mr. Odio: Commissioner...
Commissioner Alonso: ...if we take into account increases in the fee and the
Solid Waste Department and things like that and before this Commission
approves or rejects, I really don't understand anything any more.
Commissioner Plummer: Howard, let me ask you a simple question if I can. If
you were to take a line and say that we have an increase every year over what
our payment is to the Gates, would it not be roughly in the neighborhood of
about an increase per year of about 3 million dollars?
Mayor Suarez: Well, it gets higher because it's five percent. So when if...
Mr. Odio: No, no, no...
Commissioner Plummer: No, no, I'm saying over the period of time.
look...
Mayor Suarez: Oh, as an average?
Commissioner Plummer: You look at the unfunded, OK? -there's some years it's
less than one, some years it's more and then, OK, but I'm saying that over
all...
Mayor Suarez: Over the next 16 years...
Commissioner Plummer: The $3 million dollar increase per year.
Mayor Suarez: Actually, it goes up at about a rate of a little bit over a
million because it's now 14 and it will be 33, that's 19 over 16 years.
No, no, please... Plummer...
Commissioner Plummer: OK, but that's at that end. What I'm saying to you...
... let me be honest.
Corunissioner Plummer:
February 15, 1990
d
Mayor. Suarez:
calculation.
He's asking a mathematical question. It's a very simple
Mr. Odio: Let me give him a math... if you will let me answer, Mr. Mayor,
I've give him a mathematical answer.
Vice Mayor Dawkins: Hey, you've been honest all day, I hope.
Mr. Odio: The pensions is complicated. Next year's payment goes down because
investment on assets have gone up and therefore, our normal costs will be down
and the Gates Case... wait a minute.
Mayor Suarez: He's saying, on the average over the next 16 years. How much
does it go up on a per year basis?
Mr. Odio: It's very hard to predict the numbers because you do not know what
the investment of the assets will be as return is concerned.
Mayor Suarez: But, we're taking today's estimates.
Commissioner Plummer: That's under the... that's not the Gates.
Mr. Odio: But, the only thing that doesn't change is Gates Case, Gates
payments.
Commissioner Plummer: Does not change.
Mr. Odio: Does not change and is five percent increase a year.
Commissioner Plummer: That's the point I'm trying to come to. I still say to
you, there is only solution in my book. That solution says that we have to
cut our budget presently budget, we have to cut it by a little over one
percent a year to meet that increase each year.
Mayor Suarez% That's roughly correct.
Commissioner Plummer: And you cannot convince me that we can't cut our budget
around here of one or two percent a year.
Mr. Odio: You're forgetting one thing, Commissioner, and talking on numbers,
on numbers...
Mayor Suarez: Mr. Manager, please let me just put into the record that I
couldn't agree with that more just like I couldn't agree more with
Commissioner Alonso's proposal that we figure out ways of getting other
revenues from operations of the port or any other agency within the City of
Miami. So, we all agree on the philosophy. The commission agrees, now maybe
the staff doesn't, I don't know.
Mr. Odio: I cannot agree on a principle that a budget is going to go down on
a one percent every year when your cost is going up over 7 percent. Now you
explain that to me In mathematics.
Mayor Suarez: Well, he's talking about one percent, one percent...
Commissioner Plummer: But your assessment is going up four.
Mayor Suarez: Yes, one percent less than the inflationary value of
assessments and taxes resulting therefrom.
Mr. Odio: You forget you want to add police officers. You know, you want
more police officers, we want more firefighters.
Mayor Suarez: Mr. Manager, we're back to talking about the general budget of
the City...
Mr. Odio: You are talking dollars, Mr. Mayor.
Mayor. Suarez: ...why don't we talk about something that is not discretionary
to us? We must pay this and how we can equalize the payments, if that's what
you're proposing that we do.
30 February.l5, 1999
Mr. Gary: I'd like to say that one of the things - and It gets back to the
reasons why we are addressing this in conjunction with the general fund
budget - this whole process started as a result of trying to maintain a
fiscally sound City and Gates impacts on the general fund so that's why we're
bringing it up. And we're trying to give you infor...
Mayor Suarez: We know the philosophy, Howard.
Mr. Gary: ...we're trying to give you information. What we did, is we did a
five year projection of the budget maintaining existing service levels. And,
basically, we're talking about over five years, a shortfall of $106 million,
maintaining service levels.
Mayor Suarez: I don't buy that at all, but go ahead.
Mr. Gary: OK. And if you have - I'm sorry, 10 years - an unfunded liability
cost during this time, from Gates 193.
Mayor Suarez: OK, that's $193 million dollars over a decade, right?
Mr. Gary: Right, ten years.
Mayor Suarez: So, the average is $19 million a year.
Mr. Gary: Correct.
Mayor Suarez: Roughly. That's helpful to our analysis, I think, and that's
kind of what Commissioner Plummer was asking about. Suppose, Howard...
Mr. Gary: With this chart...
Mayor Suarez: ...suppose, Howard, just on that point, in the next decade, at
least, instead of paying in accordance with the schedule that is up there and
that has been approved by the Court, we took that 10 year average of 19.3
_ million and made that the payments and that's again along the lines of what
Commissioner Plummer was asking before at the other Commission Meeting. What
would be wrong with that?
Mr. Gary: I'm going to come to that, if you allow me to go through the
scenario. I have a chart for that I'd like to show you, OK? What I've done
here is to show what the value of these Gates schedule of payments means in
terms of positions. How much it would fund in terms of positions. For
example, in 1990-191, 15.4 million dollars, which is the Gates payment,
equates to 357 positions.
Vice Mayor Dawkins: OK, now, does that say if you take X number of people
from the administration in higher echelon and...
Mayor Suarez: Very good point, very good point.
Vice Mayor Dawkins: ...that you get there or does that say if you go straight
across the board and hit Parks, Recreation, who we cannot lose anybody. in
because they don't have enough people to do what they're supposed to be doing
now.
Mayor Suarez: Put it this way, the same question as the Vice Mayor is asking,
Howard, suppose we told you that instead of just any old average employee, to
compensate for the fifteen point million dollars, you could take employees,
and we have over 300 that make over $50,000, so I think it was 250 before -you
could take employees in the $60,000 range, OK, and with their benefits,
Plummer always adds the factor of 50 percent to end up with $90,000 almost
$100,000 - how many does that make? That's 150 of those?
Mr. Gary: This is based on the average salary.
Mayor Suarez: So, it's 150 of the ones in the $60,000 range plus thirty to
forty thousand dollars. And I just calculated, it works out to 157 instead of
357.
Mr. Garys This is basically to show you what it equates into positions.
Mayor Suarez: But the Commissioner's asking if that assumes entry level or...
31 February 15, 1990'
Mr. Gary: No, this assumes an average position in the City, which comes up to
forty-one thousand.
Vice Mayor Dawkins: Well, so, if you lay off ten people in quote, unquote,
the administration - ten in the total administration...
Mayor Suarez: You got a million bucks.
Vice Mayor Dawkins: Then you go to lay off ten in the Police Department and
you lay off ten in the Fire Department, then you go and lay off ten in the
Sanitation Department and ten in Parks and Recreation, that's what you're
saying?
Mr. Gary: Something to that effect.
Vice Mayor. Dawkins: Then the ten... ain't no way in hell you can equalize it
because the ten in Parks and Recreation does not earn what the ten in
administration, so it's not equal.
Mr. Gary: Exactly. It's going to be more for those at a less and less for
those that are more.
Mayor Suarez: That assumes, by the way, Howard, that the average employee is
at what? -thirty-three thousand roughly?
Commissioner Plummer: With perks.
Mr. Gary: I'm sorry.
Mayor Suarez: That assumes the average employee at which?-$33,000?
Mr. Gary: $36,000.
Mayor Suarez: Thirty-six and that does not include then, the perks.
Mr. Gary: Just salary.
Mayor Suarez: So, really, the figure would be fifty percent - one third less
than that, all right.
Mr. Gary: One-third, exactly. If you add the benefits. I'd like to show you
now the alternatives...
Vice Mayor Dawkins: Ah, that's where you should have started, sir.
Commissioner Plummer: By the way, Mr. Mayor, let me just put on the record,
the Manager took Surana - I'm sorry Sujan and put him over in Metro for
approximately one year to find out if we were getting our appropriate share of
taxes that they were collecting. In one year, we recovered, just by Sujan's
bonnet up there with the bees in it, we recovered $4 million dollars that we
had not been receiving from Metropolitan Dade County that we should have been
receiving.
Mayor Suarez: What fiscal year did we recover the $4 million dollars?
Commissioner Plummer: Two years ago? Two years ago. But, more
importantly...
Mayor Suarez: I didn't see any adjustment at the end of that fiscal year for
an extra $4 million dollars that we didn't expect.
Commissioner Plummer: But, more importantly, is that that's not going to
happen again and that we're going to be receiving that as recurring revenue.
Mr. Odio: Excuse me, do you know how we made up the street cleaning fee? -
with part of that work, finding out that money.
Mayor Suarez: Well, you won't have to do that any more in the future because
if I hear the Commission correct, you shouldn't put into the budget anything
unless we've approved it, the revenues that you were expecting to get. All
right, what else have we got here, Howard?
32 February 15, 1990
I
Commissioner Plummer: Call it what you may, in the old days it used to be
known as anticipated salary savings. Now, it's street cleaning fees. Next
year, it will be so called by another name.
Mr. Klausner: You're still doing anticipated salary savings in the budget.
Mr. Gary: OK...
Commissioner Plummer: It's the old sleight of hand.
Mr. Gary: Mr. Mayor, members of the Commission, alternative...
Mayor Suarez: Let the record reflect, by the way, that Mr. Klausner has
agreed to the elimination of those positions by his statement he just made
into the record. Is that correct, Mr. Klausno r?
Mr. Klausner: What I said was...
Mr. Odio: I want him to say that on the record. so I can proceed to lay off
some captains and majors...
Mayor Suarez: I'm kidding, Mr. Manager, I'm sure he doesn't agree.
Mr. Klausner: What I said was, you're already counting your anticipated
salary savings.
Mayor Suarez: I'm sorry I brought it up. Go ahead, Howard. We're going to
hear from you, Mr. Klausner.
Mr. Klausner: Iiardly. Thank you.
Mr. Gary: What this chart shows is a savings to the general fund if the Gates
payments are moved to the debt service fund. Currently, right now, this is
the number that Commissioner Plummer wanted to see. These are your payments
for pension, including Gates and normal cost, Commissioner Plummer, from 1991
down to 2012, that's when Gates runs out. That total cost is $856,431,000.
Because you won't have to put Gates into the general fund budget, the general
fund budget would not have to...
Commissioner Plummer: No, that can't be right. I'm sorry. Give me the other
chart. Give me that other chart. You're telling me that the Gates pension
cost next year is $15,000,000 and including the normal contribution is only
seventeen? Uh uh.
Mr. Gary: That's correct.
Mr. Odio: Yes, Commissioner, I've been trying to say it all morning that the
next year payment is going down.
Mr. Klausner: Normal cost is...
Commissioner Plummer: Chico, wait a minute. What was without the Gates
payment last year, what was the normal contribution to the pension fund?
Mr. Klausnerr Not very much.
Commissioner Plummer: It was over $6,000,000.
Mr. Odio: It's going down.
Mr. Gary: Correct.
Commissioner Plummer: How much was it last year?
Mayor Suarez: He wants the actual figures because it seems like a startling
decrease from last year, Mr. Manager.
Commissioner Plummer: What were the numbers of the contributions last year? -
without Gates.
Mayor Suarez: Doesn't anybody remember them?
33 February 15, 1990
4:.
Commissioner Plummer: Normal contributions.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Jesus Christi
Commissioner Plummer: How much? And what are you projecting it's going to
this year?
Vice Mayor Dawkins: What is it? -I didn't... put it in the record.
Mayor Suarez: Yes, Mr. Garcia, please.
Vice Mayor Dawkins: Put it in the record.
Commissioner Plummer: Twenty-two million. Go ahead.
Mayor Suarez: The normal...
Mr. Carlos Garcia: Fical year 1897
Commissioner Plummer: I'm talking - yes.
Mr. Garcia: Twenty-two point three million dollars.
Commissioner Plummer: And what are you projecting for 1907
Mr. Garcia: For 190, 22.2.
Commissioner Plummer: That's without Gates?
Mr. Garcia: We included the unfunded liability payment, yes.
Mr. Klausner: No, that's not what he asked.
Mayor Suarez: What is the normal contribution, Mr. Garcia? -for the last
fiscal year?
Commissioner Plummer: What is it without Gates?
Mr. Garcia: Seven, point six.
Commissioner Plummer: How much?
Mr. Garcia: Seven, point six.
Commissioner Plummer: For next year.
Mr. Garcia: Three point seven.
Commissioner Plummer: OK.
Mayor Suarez: So, it goes down by four.
Mr. Klausner: . Right.
Commissioner Plummer: OK, now, where are you going to show me $15 million and
$4 million comes out to seventeen?
Mayor Suarez: Isn't next year's unfunded liability payment $15 million? And
if you have four for the normal contribution, does that add up to nineteen?
Mr. Garcia: Yes, sir.
Mayor Suarez: And why does it say seventeen, eight nine two? Are we talking
about a different fiscal year, is that possibly it?
Commissioner Plummer: It's 191.
Mr. Garcia: I'm sorry, that number that I had was not final. It was a
preliminary number, that number should be about $17 million dollars, that's
right.
Mayor Suarez: OK, seventeen eight. It's almost 18 million.
Mr. Garcia: Eighteen, yes.
Mayor Suarez: OK, what is the components? -how much normal and how much of
the unfunded liability? Just so we have that clarified.
Mr. Garcia: Well, it will be about 2.7.
Mayor Suarez: Two point seven, it goes down from sever: to two point• seven?
Mr. Garcia: Yes, sir.
Mr. Gary: Hector.
Mr. Klausner: That's not unusual, Mr. Mayor.
Mr. Gary: We'd like to explain that.
Mayor Suarez: It's unusual to us because we're being told that the fund - the
underfunding is going up by a huge amount and we're finding out that the
normal contribution, you know, has these oscillations. That's unusual,
anyhow.
Commissioner Plummer: I still come back, if you look at that first column,
there is not a year there that I see that the contribution is not more than a
roughly $3 million dollars. Which means, we've got to cut our budget by one
and half to two percent. That you meet it without going into bonding
situation in any way, shape, or form. We have got to live within our means.
Commissioner Alonso: Right.
Mayor Suarez: A hundred percent correct. All right, why, by the way, if we
have such a tough time estimating our normal contribution, because it depends
on investments and so on, are we being so smug as to present a chart that
tells us in the year 2012 the total contribution will be $57 million? We
really have no idea. Is that what you're telling us?
Mr. odic: It's based on seven and a half percent return of investment which
is we are currently paying.
Mayor Suarez: Very, very difficult assumptions over a 20 year span.
Mr. Odio: Is an actuarial assumption.
Mayor Suarez: So, we really should put that on these charts.
Mr. Odio: Is an actuarial assumption.
Mayor Suarez: Well, have a little footnote or an asterisk or something.
Mr. Odio: I believe it's in your book clearly stated... No?
Mayor Suarez: I am just saying as to the chart, OK.
Mr. Odio: Klausner wanted to add... he's been dying to say something.
Mr. Klausner: Mr. Mayor, the reason that the normal cost goes down, is
it's... if I could just simplify this...
Mayor Suarez: If you have a good investment year, it goes down.
Mr. Klausner: Thank you. Exactly. What you have is you have a - Robert
Klausner, for the record, representing the unions - what you have, is you have
an old debt, you have a mortgage, you've agreed to a schedule. The schedule
is unmanageable. Problem number one. What you have on the plus side, is
since you established that mortgage, you now look at how the business has been
doing. The business has been doing 300 percent above its own projections in
35 February 15, 1990
terms of income. For that reason, your year to year cost goes down. You're
not the only City that has this.
Mayor Suarez: You know what the problem is for us, logically, Mr. Klausner? -
and I'm going to tell you, I think...
Mr. Klausner: Yes, why are you stuck with this horrible mortgage if the
-=
business is making money?
Mayor Suarez: Sure, exactly. If the mortgage is based on somebody's -
actuarial calculation of what we'll have to have in this fund in actual amount
of money to pay pensions of our employees, why do we have to have that affixed
mortgage with these huge payments 20 years from now when the normal
contribution actually may go down and we may not have to...
Mr. Klausner: Your normal contribution will be at zero within the next two to
three years. -
Mayor Suarez: We hope, unless we misinvest just like we did ten or 15 years -
ago and we'll have another underfunding. Anyhow, OK. Anything else you want -
=j
to add?
Mr. Klausner: The only thing I wanted to tell you is, from the union's
_
perspective, we're flexible to approaches and we agree with you that the
-
_
problem needs to be solved. We did not endorse...
Mayor Suarez: Are you flexible enough that if, at some point, forgetting all
these estimated payments, we find, we think, that the fund is just huge, which _
it is right now. I don't know the last figures. I think one of them is $800
million and the other one is $500 million, isn't it?
Mr. Klausner: They're not quite that bad. I think one is 400 and the other
is 350.
Mayor Suarez: All right...
Mr. Klausner: So that's 750 altogether.
Mayor Suarez: Maybe it's 800 altogether instead of just one of them. That if
we find out that the fund is huge, are you, I mean, willing to go with us to
the Court and say, look, this is just a huge mortgage that we've gotten into
_
that's not necessary? I mean, we're not going to - the money's not going to
—
be paid in any higher banefits than what we've agreed with the unions.
Mr. Klausner: Yes, with some...
Mayor Suarez: It's not going to go into Bob Klausner's private fund or
anybody elses.
Mr. Klausner: No.
Commissioner Plummer: More benefits mean more problem.
Mr. Klausner: The thing that you have to be careful of is that in making this
—_
solution to the old mortgage, you don't create a now mortgage that a future
commission and future employees will have to be paying 20 years from now when,
hopefully, we'll all be doing something else.
Mayor Suarez: But we understand that, at some point, it may turn out that we
just have more money than is really needed, we may have the opposite problem
_
-
that we had when Gates filed his suit and we may be able to go into Court with
your cooperation and say, we're building up more funds than we really need and
the investments from these funds is making a normal contribution so low, $2
million dollars next year, for example, maybe zero, an you were indicating,
that we can readjust our mortgage here.
Mr. Klausner: There is going to have to be a readjustment of the mortgage,
'
there's going to have to be a reevaluation of how we do the business.
Mayor Suarez: OK. And I'm saying this...
�`
36 February 15, 1990
Mr, Klausner: I can't tell you because these numbers, to me, are only a day
old too. The answer is, I can't give an answer as to, I can say, yes, I'll do
A, B, or C.
Mayor Suarez: Well, you'll cooperate with ::s, obviously, because, otherwise,
the money cannot... there's nothing else to be done with that money, it just
piles up.
Mr. Klausner: Mr, Mayor, I'm, here today for the unions and for the retirees
association which is also here today.
Mayor Suarez: Right.
Mr. Klausner: And we tell you, we recognize that, quite frankly, you have a
payment schedule that you cannot rneet. We've got employees who are worried
about keeping their jobs, we've got retirees who are worried about the quality
of the pension.
Mayor Suarez: But, see, that gives the wrong impression to the whole world.
You're saying we have payments scheduled that we cannot meet. Actually, the
reality of it, what you're telling me is that it may very well be that we have
a huge fund and we may eventually have an overfunding. Anyhow, we would...
Mr. Klausner: At some point, yes, Mr. Mayor...
Mayor Suarez: ...we would have your cooperation in readjusting this in the
future is that was the case.
Mr. Klausner: You will have our cooperation, provided that the Commission
recognizes that at all times, the number one goal is to prevent recreating the
problem that...
Mayor Suarez: Of course.
Mr. Klausner: ...a past Commission created when it said, ah, there's too much
money in the pension fund, let's go spend it on something else.
Mayor Suarez: Of course, but Howard is basing, incorrectly basing all the
estimates as to the mortgage, what we've been calling the mortgage, which is
the underfunding part, the part that the court is, you know, involved in,. in
supervising based on what we've agreed with the Court, so there's nothing we
can do about that. The normal contribution, Commissioner Plummer .was
inquiring, and all of us are a little confused, fluctuates and actually, this
next fiscal year goes down to what? -2 million?
Mr. Gary: Yes.
Mayor Suarez: And it could go down to zero, as he's indicating.
Mr. Gary: Yes. If I may, Mr. Mayor, the reason for that is that they've been
getting some significant returns on their investment.
Mayor Suarez: I got it, I got it, we got that.
Mr. Gary: Let me just finish though, if I may. That excess goes over and
benefits the general fund in terms of the normal cost. Now...
Mayor Suarez: Does it ever get under zero? Does it ever get to the point
that we can actually...
Mr. Gary: There will be and I'll talk to you about that.
Mayor Suarez: OK.
Mr. Gary: But, also, just as it can be good, it can also be bad. What you
have to do is come in with a tnedium. OK? They're doing good now. If the
market crashes, they're doing bad. So what you have to do is come up with a
realistic return so that in the good years, you not only benefit from all.of
it. In the loss years, you don't have to eat it all. OK?
Mayor Suarez: 'Well, let me just... when you said, the market, let me just
clarify. I presume most of the investments are not all... a high percentage
were not in any kind of volatile stocks. I mean, they must have...
37
February 15,
1990
Mr. Klausner: Oh, no. Your pension funds in Miami, are probably in the top
ten percent in the united States, public and private sector, in terms of their
performance.
Mayor Suarez: And you probably have a lot of government bonds and some other
things that can't possibly fluctuate.
Mr. Klausner: There's a lot of money in governments, there's a lot of money
secure corporates and the corporate have to be A-1, the commercial paper has
to be P-1.
Mayor Suarez: OK, anyhow, I just don't want to give the impression that
this...
Mr. Klausner: And no more than 5 percent in any of the stock of one company.
It's very carefully regulated.
Mayor Suarez: All right.
Vice Mayor Dawkins: I'd like...
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: Mr. Gary before you go any further. I'd like for the
records to indicate that this is not a mortgage and quit referring to it as a
mortgage. When you have a mortgage, you can buy credit life insurance and
when you die, the mortgage is wiped out. As you said, this is wiped out by
nothing but payment.
Mr. Klausner: Right.
Vice Mayor Dawkins: So, don't keep calling it a mortgage please.
Commissioner Plummer: Well, that's not true...
Mayor Suarez: Well, no, wait, wait, wait, he gave a pretty good...
Commissioner Plummer: ...remember 1939 when this City went bankrupt, OK? And
letmetell you, they would all be out there hanging if this City goes
bankrupt because they ain't no payments to be made after that.
Vice Mayor Dawkins: Well, then that means that the City expired.
Mayor Suarez: And it's not a bad comparison, because you gave an interesting
comparison, you said credit life could, in a sense, be compared to this
refinancing, this bond that Howard wants us to get into. But go ahead, try us
on it.
Commissioner Alonso: Yes, but I like that...
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: ...you address this problem in a very clear way because
if we were to listen to what the Mayor is saying, we are doing so well that
there is no reason in the world why we are going through this exercise in
futility. So I want you to tell us exactly what is the real situation.
Because if we hear one part of the story and the gentleman has agreed in many
ways with the Mayor, then in the other hand, we have a very dark picture that
you point to us in the other side. What is the real story in between?
Mr. Gary: OK. What Mr. Klausner is saying, yes, they have a good pension
fund, they have good investments. But what Mr. Klausner did not tell you;is,
is that he would not be willing, or the pension boards would not be willing,
to agree to snake the interest rate assumptions based on 11 percent, which is
what they're earning now. And there's a good reason for that.. Because if you
take eleven percent now and you project all your costs on that, Commissioner
Alonzo, and you have a crash one year, the City crashes and the pension fund
has problems. So, what happens is, you do an actuarial analysis based upon a
reasonable rate of interest, not based on what you're getting now, but based
on history. So, instead of eleven, it's seven and a half, even though they're
making eleven. And what you're doing is, you're adjusting for those periods
when you know the market is going to go up and down.
38 February 15, 1990,
Mr. Odio: And, according to the Gates settlement, to add to this, if we don't
agree on the interest and the numbers to be used, there is an arbitrator and
-= the arbitrator, for instance, the first year I was Manager we argued for 8
percent and we went to seven. Then the second year we went to... apply again
the eight and we went to seven and a half which is where we are today. What
we're saying, for every point is $5 million dollars.
Mayor Suarers Yes, the judge supervises...
Mr. Odio: So, if the assumption was eight and a half, the payments next year
would be $5 million dollars less.
Mayor Suarez: The judge supervises, in effect, the assumptions as to the
interest rate. That's a good point to make. It is not entirely something
that we kind of speculate on.
Mr. Gary: Exactly. That's the answer., Commissioner Alonso.
Commissioner Alonso: OK.
Mr. Odio: Excuse me, this is important, the easy solution would be, but
that's why I said there wasn't any easy solution, and I don't want to confuse
this, but...
Mayor Suarez: If there's no easy solution, don't tell the easy solution.
Let's just go on to the other solutions.
Mr. Gdio: But, it would be to create an assumption of eight and a half
percent and then they also agreed that any minus normal costs would be applied
to the payment of the unfunded liability. But that's something for the
pension boards are independent from us.
Mr. Klausner: And the unions too.
Mayor Suarez: OK.
Mr. Gary: OK, if I...
Commissioner Alonso: Fine, yes.
Mr. Gary: Commission, this is the Gates cost. This was the question you were
asking earlier, Commissioner Alonso. That cost, based on our court judgment,
is $473,000,000 from 1990 to 2012. That's the cost that we agreed to. The
cost of bonding this out - this was the question that was asked at the last
meeting - will cost you $572,000,000. The difference between these two is
approximately $100,000,000.
Mayor Suarez: OK, Howard, since the cost is - addit•ional cost of almost a
hundred million that the word, savings, in parenthesis, probably could be
stricken because it really only applies to the first year, I believe or...
Mr. Gary: No, when it's a negative, it's a savings, when it's out, it's
additional cost.
Mayor Suarez: Except you've got a parenthesis on the first one and then you
got some minus signs. Which is it?
Mr. Gary: Exactly.
Mayor Suarez: Which is it? -are you going to use paren...
Mr. Gary: No, parenthesis are minuses. What happens, the computer puts
the...
Mayor Suarez: Yes, but it would be better if you don't even put the word,
savings, there and if you did a little explanatory note, because it's an
additional cost. It's $100,000,000 additionally as you've estimated it for
the next 20 years.
Mr. Gary: That's what I said, correct.
39 February 15, 1990
a
Mayor Suarez: I know, tell them about the computer misprinted.
Mr. Gary: You can just put this out of the way, we'll go to another
alternative. The alternative that Commissioner De Yurre had given to us is
that we issue an appropriation bond, 14.6 million dollars. That's the amount
you're doing now from the... you have in the current budget and you bond the
rest of it out from debt service. The appropriation bond would cost you this
amount, this is 14.6 you're now putting in the budget. The balance would be
this amount so this is the appropriation bond amount, this is the amount that
will go into debt service, and this is the total amount. I'd like to show you
what that looks like in comparison to the Gates cost.
Mayor Suarez: Really, I guess what you're telling us is that the last column
is the one that actually reflects what that would cost on a yearly basis; that
kind of a bond.
Mr. Gary: Correct.
Mayor Suarez: The other is just a sort of fictional figure that is your
payment, if you'd regularize the payments, OK.
Mr. Gary: Correct.
Mayor Suarez: The twa of them, really together, is what has any significance
and it's a little bit more regular, J.L., than the other one, the schedule
that we have. It cost, how much more?
Mr. Gary: Well, you're talking about an average of about 22, 23 million
dollars.
Mayor Suarez: The total amount? You've been using the comparison of the
total payments, $99 million in one case. How much more does this one cost to
the total payments that we have in the original?
Mr. Gary: I have a chart for that.
Mayor Suarez: What was that figure?
Mr. Gary: Sixty-one million. Oh, that's what they fund, yes.
Mayor Suarez: OK, so, so far, Commissioner De Yurre's proposal seems less
expensive than your other alternative.
Mr. Gary: Now, I'd like to give you another...
Mayor Suarez: Did you create a scenario which, I think, is along the lines of
Commissioner Plummer's idea? Maybe the rest of us of a regularized payment,
it's a little bit higher that would pay a lot less interest?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Klausner: Sell it to you for 461 million dollars.
Mr. Gary: I'd like to make one note about this proposal here. No, give me
the other chart. This is OK, though. The proposal that Commissioner De Yurre
came up with, it relieves the pressure on the general fund for anything over
14.6 which you have now. But it does not relieve the general fund of the
total amount because every year you would have to appropriate 14.6. What you
gave from that proposal is a different amount. So, if one year it's 17
million - instead of you having to appropriate the additional two, it's on
this bond issue. If it goes to 20, you still only have to put 14.6. If it
goes to 23, you still only have to put 14.6. So, it relieves the difference
between 14.6, which you have now, and any increases in future years.
Commissioner De Yurre: It makes it more affordable.
Mr. Gary: It makes it more affordable and it gives some pressure - I mean
relieve some pressure off the general fund, no doubt.
Commissioner Plummer: It's the old story, pay me now or pay me later.
40 February 15, 1990
Mr. Gary: Correct. I'd like to show, Commissioner -- I'm sorry, Mayor Suarez,
the alternative that Commissioner Plummer... you all don't worry about that
right now. Give me alternative; the one that Plummer wanted, with the
spreading out of the Gates Case, 14.6.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Gary: Yes. OK, thank you. Oh, you don't like what I say, you take it
back, right? OK.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Gary: I didn't do that one because they send you a book, but I like to
show it to you.
Mr. Odio: Basically, it's illegal.
Mr. Gary: Yoa. If you turn to page 17, what Commissioner Plummer had
recommended, I wish it could work, was that we get the unions to agree to the
current 14.6 that we're now paying and no more than that and just spread the
debt out.
Commissioner Plummer: That's not what I said.
Mr. Gary: That's what we understood you said.
Commissioner Plummer: Well, you misunderstood.
Mr. Gary: The bottom line of that, that you exceed the state limit in terms
of amortizing pension debt to 30 years. This will make it 40 years.
Commissioner Plummer: Never said that at all.
Mr. Gary: OK, that's what we understood.
Commissioner Plummer: You don't show in here, what I said was, increase the
annual payments now.
Mayor Suarez: Yes, go to a higher figure.
Mr. Gary: Um hum.
Commissioner Plummer:
Mr. Gary: OK....
You're not showing that. You're showing it constant.
Commissioner Plummer: So, you're not even in the same ball park.
Mayor Suarez: Yes, you're taking this year's payment instead of a higher
payment that would...
Mr. Gary: OK, I can answer that for you right now. Give me the one that
says, level debt. That one costs you 23 million dollars a year, almost 24.
Mayor Suarez: For how many years?
Commissioner Plummer: For the entire duration.
Mr. Gary: For 1990 to 2012.
Mayor Suarez: You wanted to do it for same term, the same remaining term?
Commissioner Plummer: I'm not saying that that's the number, but that was
what it came out mathematically. OK?
Mayor Suarez: I thought maybe you wanted to do it in a longer term then.
Commissioner Plummer: Mr. Mayor, it's only four years from today that we're
at that number anyhow.
Mayor Suarez: Right.
41 February 15, 1990
4 4P
Commissioner Plummer: Sure, you can.
Mr. Gary: Two, twenty-six.
Commissioner Plummer: You can cut a budget around here easily by five
percent.
Mayor Suarez: Do you, Commissioner Alonso, does that hypothetical make sense
or shall we analyze it further? You don't have numbers for that, do you,
Howard?
Mr. Gary: Yes, turn to page 21 in your book. I didn't want to put everything
on the chart, turn to page 21.
Mayor Suarez: OK, you have a chart for her?
Mr. Gary: Page 21.
Mayor Suarez: Why is it so high as 23?
Mr. Gary: That's because he wants to make the same payments every year.
Mayor Suarez: I got that, but...
Mr. Gary: And you can't have it beyond year 2012 according to state law.
Mayor Suarez: OK, but, I got that too, but are you taking into account that
fact that the fund initially will have a lot more money because the payments
initially are a lot higher and may then produce more interest?
Commissioner Plummer: Offsetting factors.
Mr. Gary: No, this only takes into consideration that you got Gates and that
you have to pay Gates.
Mayor Suarez: OK.
Mr. Gary: That's 226.
Mayor Suarez: And that's not variable.
Mr. Gary: Right.
Mayor Suarez: Even though you may be creating a normal payment that•is much
lower.
Mr. Gary: Right.
Mayor Suarez: By that huge initial investment.
Mr. Gary: Correct.
Commissioner Plummer: Or the usual contribution possibly is going to be zero.
Mr. Gary: Right.
Mayor Suarez: Right, or less than zero, I mean...
Commissioner Plummer: That's the point.
Mayor Suarez: You may be able to take some of the money from the Gates Case
and use it for the contribution.
Mr. Odio: You cannot do that.
Mayor Suarez: Is that allowed?
Mr. Klausner: That's where you would have to have a change in the court
order. The court order only allows excess earnings to be used to reduce the
City's normal cost.
Mayor Suarez: To zero.
Mr. Klausner: It cannot be used to reduce the unfunded liability because
that's what caused the problem in the first place.
Mayor Suarez: But nobody calculated if you started at that rate of - was it
22 or 23 a year? -how much money under assumed earnings. Nobody calculated
how much money under assumed earnings you would have in excess of the present
forecast that you would then be able to reduce from normal payments. If you
assume Commissioner Plummer's 23 million a year - or is it 22?
Mr. Gary: Well, we're going to get into another scenario which shows you -
which is what I'm coming up to right now - which shows you a different
alternative, if I may. But, in the bottom line, Commission, it's 23 million
that is on the chart.
Commissioner Plummer: That could be, but that was the general number that I
came up with mathematically.
Mr. Gary: Right.
Mr. Odio: We're coming up to one important part that I think you should
really pay attention to it which is the actuarial. By the way, Ken represents
Foster & Higgins.
Mr. Kenneth Kent: Kenneth Kent with Foster Higgins.
Mr. Odio: I think he should explain, Howard, how now we're coming up with,
instead of $226 million dollars, with a $136 million dollar debt. And it is
complicated, so I'll let him explain it.
Mayor Suarez: And Mr. Higgins, Mr. Foster, which is it?
Mr. Kent: I'm Ken Kent from Foster Higgins in Washington.
Mayor Suarez: Ken Kent?
Mr. Kent: That's the way it is, yes.
Mayor Suarez: Very convenient and who is Foster Higgins?
Mr. Kent: We're the actuaries to the City. Basically, some of the points
that...
Mayor Suarez: You're not the same actuaries that the union uses, right?
Mr. Kent: No.
Mr. Garys No.
Mr. Klausner: Boards are the one that retain the actuaries, not the unions.
Mayor Suarez: That's what I mean, I guess, the boards.
Mr. Klausner: No, they are not the same actuaries as work for the boards.
Mayor Suarez: So, you're our actuaries, all right?
Mr. Kent: Basically, we agree with many of the comments that Bob has made and
that is that the way the Gates is structured, the gains are going in to reduce
the annual normal costs to the plan which, if trends continue, will go to zero
and would` on a theoretical basis, go to negative. The result of that is that
you will not be able to use those experienced gains to reduce the Gates
payments, so that you could be in a situation where the plans become fully
funded and you still have an obligation to pay unfunded past service costs,
the Gates costs. So, that is one of the major issues that we're trying to
address here is that stream of required payments as a result of Gates instead
of a...
Mayor Suarez: That's fine. One of the major issues, that is the issue we're
trying to handle here. What about it?
Mr. Kent: Well, that's where the concern is and that's where we have...
43 February 15, 1990
Mayor Suarez: We know what the concern is, we're looking for solutions.
Mr. Kent: The solution would be to go to a scheme which would allow more
level payment for the unfunded and allow the unfunded payments to reflect the
experienced gains instead of the normal costs.
Mayor Suarez: I see. Why choose the figure of 1367 Who came up with that?
Mr. Gary: What we did was, we asked the actuarial consultant to come and give
us an estimate of what he thought our unfunded liability is as of today. You
know, we think you need to know that.
Mayor Suarez: And not from the court's viewpoint, from our viewpoint.
Mr. Gary: Right. And we did an estimate and I want it fully understand,
we've shared this with you as an estimate. And what he came up with is that
our unfunded liability for both plans is $136 million dollars. OK?
Mayor Suarez: Because we assume...
Commissioner Plummer: But that's amortized out over how many more years?
Mr. Klausner: No, because you'll create a new debt.
Mr. Gary: No, that's within the same - no, that's as of right now.
Commissioner Plummer: That's what it is right now...
Mr. Gary: Right.
Commissioner Plummer: ...but that's amortized over how many years? When does
the amortization schedule end?
Mr. Kent: No, well, we're not amortizing that amount. In other words, if we
take a look at the present value of the future Gates payments, that's 226, if
we take a look and that's supposed to represent your unfunded. If we take a
look at the actual unfunded, either estimated or directly derived from the
actuarial reports for the unions, we come up with a figure of 136.
Mr. Odio: Let me say in civilian language what it means is that because of
the monies they have in the fund and the investment returns that they have had
on assets, the real unfunded liability right now is $136 million dollars.
That's what we owe right now. If you could write a check and say I want to
pay off...
Mayor Suarez: But there are assumptions in present value calculations...
Mr. Odio: No.
Mayor Suarez: ...of the number of years in which you will pay this and that's
what the Commissioner is asking.
Mr. Odio: No, it has nothing to do with that.
Commissioner Plummer: When does the amortization schedule end? How many more
years?
Mr. Odio: It has nothing to do with this.
Commissioner Plummer: I understand, well I...
Mr. Odio: 2012.
Mr. Kent: Gates ends in 22 years.
Commissioner Plummer: Not the Gates.
Mr. Kent: We're not amortizing the $136.
Mr. Klausner: Mr. Mayor...
44 February 15, 1990
Commissioner Plummer: There was a schedule of 35 years that was...
Mr. Klausner: I can answer J A.'s question.
Mr. Odio: That cost $572 million dollars.
Commissioner Plummer: When does that end?
Mr, Odio: 2012.
Commissioner Plummer: OK. But not on Gates, on this...
Mr. Odio: What we're saying - Gates.
Commissioner Plummer% On the City's unfunded liability.
Mr. Odio: It's 500 and some million dollars you have to pay.
Commissioner Plummer: Not on Gates, on the City.
Mr. Odio: Yes, there is.
Mayor Suarez: Where did you get that it was 35 year payment schedule?
Commissioner Plummer: Thirty-five year amortization...
Mr. Odio: The total cost of...
Commissioner Plummer: ...we had it down to 23 years and because of financial
conditions, we, in effect, refinanced and took it out 35 years. When does
that schedule end?
Mr. Garcia: 2012.
Mr. Odio: 2012.
Mr. Klausner: 2012.
Commissioner Plummer: The same as Gates. The same as, but not the same.
Mayor Suarez: I didn't. remember that was ever a 35 year payment schedule.
OK.
Mr. Klausnerz Yes.
Mr. Odio: But the fact is - let me say it again -- that if you could write +a
check today for the monies that we owe, the payment could be less than 136
because I understand that the JESSE is 75 million end 35, or thirty sixty
people so that's a total of $111 million. If you could write a check right
now, that is what the payment would be.
Mayor Suarez: But, just to clarify again, that doesn't• mean that the court
would accept that check as being payment of...
Mr. Klausner: Right.
Mr. Odio: Everything we're talking about...
Mayor Suarez: ...that's our calculation of what we think...
Mr. Odio: No, that's their calculation. Theirs. Then we put...
Mayor Suarez: They would not accept a check right now for a hundred and
thirty-six,
Mr. Klausner: They can't.
Mr. 0dio: No, the court would have anything we're talking about has to be
approved by the courts.
Mayor Suarez: Right, and I don't think that they would accept it now. But,
anyhow...
45 February 15,' 1?90
a
Mr. Odio: I think they would.
Mayor Suarez: All right, maybe they would.
Mr. Odio: In fact, I know they would.
Mayor Suarez: Maybe they would, OK, but in this case, we don't have a
benefactor that's going to give us $136 million dollars so what you're saying
is, do it from a general... can I finish?
Mr. Odio: You don't let me finish.
Mayor Suarez: ...general obligation bond without voter approval, right? -is
what you're suggesting.
Mr. Odio: We're going to get to that. We are going to get to that.
Mayor Suarez: Or are you suggesting that that's still up in the air?
Mr. Odio: I'm suggesting that we - after today, you allowed us to continue
negotiations with the union and the pension boards which have not heard this.
Mayor Suarez: But, Mr. Manager...
Mr. Odio: To propose that we pay off based on...
Mayor Suarez: ...to convince this Commission of continuing this painful
experience, you have to show us how, when we finally get to the end of this,
if we agree on the numbers and we agree on the mode of payment, since we don't
have a benefactor who is going to give us $136 million dollars, somebody's
going to have to pay. If it's a general obligation bond, there's only two
ways to handle it. One is what I understand the charter to say, which is to
get voter approval and the other one is, maybe trying to argue that there's
some court decisions that say, because this is not a new liability, we can do
it without voter approval. In either case, it comes out of their pockets as
debt service millage rate.
Mr. Odio: We need to clarify because when the original story came out...
Mayor Suarez: I can't imagine a clearer statement of a situation that that,
but...
Mr. Odio: Well, I want to say something.
Mayor Suarez: Yes.
Mr. Odio: When the story came out originally, it seemed like we were issuing
debt, a new debt, and that the City was going to get into a debt of $226
million dollars. And all we were saying, and saying now, is that we're
restructuring the way we are paying, monies that we already — that the
taxpayers are now paying. This money has been paid by the taxpayers and the
proposal now in front of you is that we, in agreement with them, to pay only
the one hundred and whatever millions of dollars might be the unfunded
liability as it is today.
Mayor Suarez: Mr. Manager, the voter may or may not and the taxpayer may or
may not see it like you see it, that we're not issuing new debt. The voter,
if all of a sudden he gets a debt service millage rate, he's going to see it
as new debt. It is our political judgment, unless anybody contradicts me
here, that it will be viewed as new debt. Therefore, I, for myself, would not
even have had this session today if you were going to, at the end of it, tell
us that you were proposing a general obligation bond. Now, Commissioner
Plummer came up with a whole different concept which is simply like the old
days, people would save money to try to pay a future obligation. What amount
of... and, I hope, at some point, you have a schedule to meet that particular
proposal which is, what amount would make sense for us to pay every year into
this fund that would allow us, without issuing any new debt or, I'm sorry,
without getting a new bond issued, would allow us to not have a year, expected
in the year 2006 where we go up to $33 million dollars. That's all he was
saying and I don't see any schedule. I see one interesting schedule proposed
by Commissioner De Yurre that says, assume that, but assume that we pay at the
present rate. But I don't see any that says, assume we begin saving...
46 February`15, 19W
g-
Mr. Odio: But you have to issue bonds on Commissioner De Yurre's proposal
too.
Mayor Suarez: Well, I was looking at the schedule, whether you use the bond
or not.
Commissioner Plummer: Not on mine.
Mr. Odio: No, you can use whatever you want, but the money has to come from
somewhere.
Mayor Suarez: Well, in his proposal, there wouldn't be a bond.
Mr. Odio: On his, his proposal, which is utopic because he's saying that we
can cut the budget at 5 percent every year, that will...
Commissioner Plummer: One and a half to two.
Mr. Odio: OR, so that can never happen.
Commissioner Plummer: The hell you say?
Mr. Odio: Not if you want to keep the service of level, the levels that you
have here.
Mayor Suarez: You can say its utopic. All of this is utopic if you don't
have the political will up here to pass a general obligation bond without
voter approval..
Mr. Klausner: That's true.
Mayor Suarez: ...and you can't get voter approval for it, I guarantee you
that.
Mr. Klausner: I agree with that.
Mr. Odio: But I know that, but I still say that we are doing the right thing
by discussing this and by discharging our responsibility.
Mayor Suarez: But, also, you should discuss our proposals.
Mr. Odio: We are. We have.
Mayor Suarez: Well, I don't see any chart that shows that, but go ahead,
finish what - the ones you got.
Mr. Gary: We tried to come up with a number of alternatives. This is another
one and we want to know what the unfunded would be if we could write a check
today. We did an estimate of it and basically, it's $136 million dollars.
And, basically, this proposal says that if you bond out $136 million - first
there's the 226 we've talking about...
Mayor Suarez: Let the record reflect that the representative of the pension
funds - I think two? -or all three?
Mr. Klausner: I'm here for the unions. I'm not here for the funds.
Mayor Suarez: For the unions - does not agree that is the present
underfunding in present value.
Mr. Gary: I said...
Mayor Suarez: I just want to put that in the record because he's shaking his
head and I want them sure the record reflects it.
Mr. Klausner: Be heard on one...
Mayor Suarez: Well, we're interrupting him and it's in the record, Bob.
Mr. Gary: For the record, we recognize they've told us that they don't agree
with this. The number could be something less or a little more, OK? We
47 February 15, 1990
AMNk
understand that. And this is another alternative to Gates which is 226.
We're trying to come up with another one, alternative for you. Here's the
Gates cost of 473, four hundred and seventy-three million. With the $136
million dollar alternative, the cost is 306 so the difference is $166 million-
i
dollars less for this alternative. This is why we are coming up with this
-
alternative. Another alternative that we came up with....
Commissioner Plummer: We can let Mrs. Trump invest her money.
Mr. Gary: ...is a scenario where we would provide $126 million dollars. �-
_'
Obviously, we'd have to go to the unions and the courts to get agreement on
-
and that we would issue $42 million dollar bonds in increments over the next
-
three years. So, the first year, you give 42, the next year you give 42, the
next year you give 42.
y
Commissioner Plummer: Mr. Mayor, can I try to bring this to a conclusion?
Not a conclusion, but to one conclusion. I'm going to make a motion that the _
administration can clearly understand. This Commissioner is not voting for a
—i
bond and if that is the in...
INAUDIBLE COMMENTS NOT ENTERED INTO THE. PUBLIC RECORD.
Commissioner Plummer: But you keep talking to bonds.
Commissioner Alonso: Bonds...
Mayor Suarez: But all the alternatives are based on the bond, Mr. Manager.
Commissioner Plummer: Now, I'm saying, ain't no way. All right, so I'm going
to make a motion at this point that this policy of this Commission is, we're
not going to go to a bond. If that passes, I think we're going to get a lot
of this rhetoric out of the way. Now, if somebody wants to second that...
Vice Mayor Dawkins: I second the motion.
Mayor Suarez: Moved and seconded. Do we need to take a vote, Commissioners?
Do we all agree? We may as well take a vote, it sounds like it might be the
only thing that will get clearly to the administration.
Commissioner Alonso: Go ahead.
Commissioner Plummer: It's sure clear to me.
Mayor Suarez: OK, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-141
A MOTION OF THE CITY COMMISSION SENDING A MESSAGE TO
THE ADMINISTRATION AND OFFICIALLY EXPRESSING ITS
POLICY DECISION NOT TO VOTE TO PLACE ON A REFERENDUM
BALLOT QUESTION FOR APPROVAL BY THE VOTERS A CITY BOND
ISSUE IN CONNECTION WITH `nM PRESENT CITY'S UNFUNDED
PENSION LIABILITY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
48 February 15, 199Q
E
Commissioner Plummer: Now, I would instruct the City administration, knowing
what we have just passed, to go back and tell us what is the beat Dray, the
most livable way that we can address this problem. I have my thoughts, I'm
one, OK? I think of all of these other alternatives and issues and everything
else, this Commission is not prepared to address a bond where we're going to
,j pay millions of dollars in debt service.
i; Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: J.L., I would like to say, bring us the solution. See,
don't bring me no five, six, seven, or eight scenarios to sit up here and go
through. Mr. Manager, bring us the solution to this without a bond issue,
that's all. Bring it to me.
Mayor Suarez: And the parameters are fairly clear. We would like to see a
series of equal, roughly equal payments over the life of this - what we've
been calling a mortgage, the Vice Mayor points out is not really like a
mortgage -but, you know, this fixed obligation, which a court is supervising
and the unions are very attentive to, obviously in a way that we can make that
equal payments over time. That we won't be, somehow, jeopardizing future
Commissions and future Managers and I think Commissioner De Yurre also wanted
to make a proposal on the procedure to get us to that point.
Commissioner De Yurre: Well, you know, Mr. Mayor, obviously, we have to look
at cost saving efforts in order to come up with the money and, you know,
certainly the concept of starting right now to save as much as we can to meet
those bigger payments are going to be coming down the road in the future. You
know, we have to look that way. And, just like we had an industrial engineer,
quote, unquote, analyze the Sports Authority and come up with a 40 percent
possible reduction in manpower because they said those positions were not
needed, I think that we may have to start looking within ourselves to see
where we can save, either by changing the way we function and that certainly
means when approximately 90 percent of our costis human resources, that we
need to start looking at that. And I feel that for me to be comfortable, I
think that the concept that I would like to propose for discussion is that we
create a committee which would serve as an industrial engineer in that
capacity. One person appointed by each Commissioner to go through the City
and analyze the different departments to come up with suggestions.
Mr. Odio: That's against the charter, Commissioner.
Commissioner De Yurre: What's that?
Mayor Suarez: Mr. Manager, you have not been recognized, sir. Commissioner
De Yurre, complete your proposal, please.
Commissioner De Yurre: And what I would like to see is possibly, J.L., you've
got a good grasp of this situation, that you can head that committee and start
going and breaking down the City into how we can save some money.
Commissioner Plummer: Mr. De Yurre, I have said for years that that should
have been and could have been, but let me tell you something, without the
cooperation of the administration, you're whistling Dixie;, OK? Now, there you
can't convince me that any organization, this City or government or private
business does not have a certain amount of buffers built into it and buffers
are good if you have the surplus. I'm saying to you, that if you went through
every department, yet the charter says that the administration is placed with
the Manager, you can make recommendations until they run out of your damn ears
and you don't accomplish anything.
Mayor Suarez: I think the idea of having a committee of five where a
Commissioner can serve himself or appoint somebody has merit as long as that
person he is appointing is not a City employee. I think I'd have problems,
Commissioner De Yurre, in terms of the charter, if some of the committee
members were City employees appointed by Commissioners. I think that does go
against the Manager's authority. But the idea of a committee of five where we
appoint somebody either from the private sector, the union, or ourselves, and
I think that Commissioner Plummer might want to serve as chairman of that
committee, might not be a bad idea. Vice Mayor Dawkins.
Vice Mayor Dawkins: I'll go along with it, if we face facts. Industrial
engineering is nothing. Now, if you're talking about systems analysis and
49 yebruary 15, 1990
E.
having someone come in who knows about systems and how to analyze systems and
come up with a projection, then you got me. But just to tell me this misnomer
of industrial engineering that has when it's actually systems analysis is what
we're supposed to be doing, then you got me.
Commissioner De Yurre: Well, isn't that basically what we're talking about?
Mayor Suarez: I think it would call for an analysis of the entire...
Vice Mayor Dawkins: You're talking about it, but, you see, if we get hung up
in this industrial engineering which has nothing to do with what we're talking
about doing...
Commissioner De Yurre: Well, we're talking about streamlining the City...
Vice Mayor Dawkins That's right.
Commissioner De Yurre: ...to where we can, you know, find the :coney.
Mayor Suarez: And you're talking about a committee that would advise this
Commission.
Commissioner De Yurre: Certainly.
Mayor Suarez: Right. And the only thing...
Commissioner De Yurre: But I think that it's important...
Mayor Suarez: ...the only hitch, I think, Commissioner, is the idea that any
of the appointees would be City employees. I think that...
Commissioner De Yurre: Well, my concern is that I want to have somebody in
there that, you know, won't be given a snow job and that can say, listen, this
is not the way it works and this is the way it should be because, you know,
you have the experience.
Mayor Suarez: I think there is a problem with being a City employee.
Commissioner De Yurre: Well, if we have...
Mayor Suarez: Commissioner Alonso may also want to participate. I wouldn't
want to exclude any Commissioner from participating in a committee that has
the time to go into the City's fiscal situation and the urderfunding and
proposed solutions. I keep hearing that Commissioner Plummer has, you know, a
lot of interest in serving, but, I mean, I wouldn't want to exclude anybody if -
you want to work it that way.
Commissioner De Yurre: Well, whatever.
Commissioner Plummer: Well, your only problem there, Mr. Mayor, is the
problem of the Sunshine Law.
Mayor Suarez: And you have Sunshine Law.
Commissioner Plummer: If Commissioner Alonso wants to do it...
Mayor Suarez: I, for myself, if we did this and if the Commission would like
to do this, I would appoint myself a private sector expert who would advise,
you know, who would be my appointee and I would hope that one of the
Commissioners would serve on it because I think it lends it a lot of
credibility.
Commissioner Plummer: Well, let's ask a...
Mr. Fernandez: Mr. Mayor...
Mayor Suarez: We've got to be careful not to...
Commissioner Plummer: ...first of all, let's ask if it's legal.
Vice Mayor Dawkins: That's what I was going to ask the City Attorney. Mr.
City Attorney...
50 February 15, 1990
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: ...what's a violation of the Sunshine Law when two
Commissioners say they are going to meet and notify the press that you're
meeting. I mean, where's the violation, air?
Mayor Suarez: There is none, you're a hundred percent right.
Mr. Fernandez: There is none.
Vice Mayor Dawkins: So why is there the discussion of violation of the
Sunshine Law when all you have to do is notify the media that you're going to
meet?
Mayor Suarez: That's exactly right.
Vice Mayor Dawkins: OK?
Mayor Suarez: There is none.
Vice Mayor Dawkins: The second thing is, I'm like the Mayor, but I will see
that Miami -Dade Community College appoints somebody from their department who
deals with this everyday as my representative to this board.
Mayor Suarez: OK, Commissioner Alonso, did you want to address... Oh, I'm
sorry, Mr. City Attorney, what, so far, what we've discussed, would go counter
to the charter, if anything?
Mr. Fernandez: Yes, I have a word of caution for you. Under section 14 of
the charter, this Commission or any committee thereof - which means any
committee made up of yourselves, not necessary you can delegate that power -
duly authorized by the Commission so to do, may investigate the financial
transactions of any office or department of the City government and the
official acts and conduct of any City official and by similar investigations
may secure information upon any matter. Now, there in the charter, you're
given the power to constitute yourself into a committee or a board of inquiry
to look into any specific issue of the administration or any official conduct
of any department that you deem to be, you know, your concern. Uow, I also
caution you that under the charter, section 4, form of government, subsection
(d), you're expressly precluded from interfering in any manner or shape with
the administration except for purpose of inquiry. And, for purpose of
inquiry, you may ask...
Mayor Suarez: Well, of inquiry and, obviously, recommendation back to the
Commission. Nobody's prevented from, after inquiring, recommending to us any
particular change in accordance with our powers.
Mr. Fernandez: But then, when you get the point of recommendation, anything
also other than inquiry must be through the City Manager.
Mayor Suarez: Well, I don't agree with that. I don't agree with that.
Vice Mayor Dawkins: Look, look, hold it, hold it, that's beautiful, OK? The
Manager is as much a part of trying to make this City function correctly,
efficiently, and as inexpensively as possible. So, for someone to imply,
through the charter, that this Commission is interested in doing something
contrary to:the charter, and jerking the Manager around, I have.a problem with
it. OK? Now, I'm going to state, on the record, and I think I'm going to
speak for all five of the Commissioners, we understand the charter, we
understand that the charter dictates that we cannot, in any way, dictate to
the Manager on policy but we also know...
Mayor Suarez: On administration, on administration.
Vice Mayor Dawkins: Administration. And the Manager also realizes that we
work collectively together for the betterment of the City and if we, the
Commission, should make a recommendation and he show us where it's wrong, we
would not push it.
Mayor Suarez; Yes, the problem with the charter, section that you read, Mr.
City Attorney, is that it really deals with a board of inquiry which asems to
51 February 15. 1990
be an effort by the Commission, in some situations, to go outside of the
Manager's, otherwise, power, to call people on subpoena or direct employees to
give information. And I don't think that's really what we're talking about.
We're talking about an advisory committee to report back to the Commission on
budgetary issues which may or may not get into some of the powers indicated in
that section and we could structure it, but we'll take, obviously, your advice
under important consideration.
Mr. Fernandez: My recommendation to you is that unless it is forthcoming frcm
the City Manager himself, where he would make extensive to you all, his good
administrative offices, in terms of working and participating with him in
these types of administrative decisions, that it is not your fiat, it is not
your decision to structure his administration in such a way that it's
primarily responsive to you and not to him.
Commissioner De Yurre: The bottom line...
Mayor Suarez: Well, unless we do it as a board of inquiry and don't put
anybody else in.
Commissioner Alonso: Well, I'd like to...
Commissioner De Yurre: Well, let me just say, Commissioner Alonso, let me
just mention one thing. But we do have every right to inquire....
Mr. Fernandez: Yes, you do.
Commissioner De Yurre: ...we do have every right to discuss the issues that
we feel are important to the City and if we feel that the administration is
not going the way it's going, we have the power to do something about it by
voting out the administrator and doing what needs to be done.
Mr. Fernandez: You have the ultimate power and this is...
Commissioner De Yurre: You know, not that that's going to happen, but, you
know, that's the bottom line.
Mayor Suarez: Correct is your answer, Mr. City Attorney. He stated it
correctly. You don't need to philosophize. Any Commissioner - Commissioner
Alonso.
Commissioner Alonso: Yes, the bottom line is, we have a serious situation
that we have to resolve. On the one hand, we are not to intervene in the
administration because that's the duty of the Manager. In the other hand,
we're asked to make the final decision of what we do to resolve this problem
that we have with the unfunded liability. I'd like to turn to the
administration and ask for a wise suggestion as to what are we to do?
Mr. Odio: I was trying to understand Commissioner De Yurre's proposal since
we have gone from 32 departments to 17, I have gone through the budget two
weeks ago and I have sunseted, I believe, six units. I have sunsetted, that
means that unless they can show me, by September 30th, that they are needed,
they will not be part of my budget. And when you go through all of that
exercise and you find out that most of the monies of the budget and that's why -
I'm concerned about what Commissioner De Yurre's proposing, because he knows
the budget, he knows that most of the monies going from the General Fund to
the Police Department and we have added police officers to the extent of 250
in the last two years, which the money comes from somewhere, and the
firefighters budget is $42,000,000 and Solid Waste is thirty-two and if you
can find... and then when you look at the residual departments outside of
parks and recreation that we finally have Community Development 100 percent
funded from outside monies. You have the Development Department and Housing
funded 100 percent from outside monies. That Building and Zoning is 86
percent funded from outside monies. That the only monies that I can look at
would be the Office of Public Information, the Office of Strategic Planning or
the Office of Industrial Engineering and when you add all the up, it's
$1,300,000 and we're talking about a problem of $20 million. You know, I have
been very open in what we've done and, in fact, one of you sat in one of my
budget review meetings and you're all welcome to do that. But it is a
challenge for any administrator to try to find twenty million dollars' worth,
there is none. Are there inefficiencies in the Police Department as
Commissioner Plummer... yes, there are. And I think we have the right Police
Chief to take care of that.
52
February 15, 1990
Commissioner Plummer: Yos, but you see, let me tell you where that falls
apart.
Mayor Suarez: Wait, wait, Commissioner, I'm sorry, Vice Mayor's been sitting
here waiting to...
Mr. Odio: We're working with Solid Waste, with the union and with the
administration.
Mayor Suarez: You asked a rhetorical question, Mr. Manager, and I think some
of the Commissioners want to address it.
Vice Mayor Dawkins: You know, the first thing I want to know is, where is the
report that I keep requesting that you show me how many bins you pick up at
Park and Recreation. How many bins you pick up at the Fire Department and
show me where that paper transaction is made where that bill is charged
against the department that is earned.
Mr. Odia: Well, Commissioner, we wanted to conclude...
Vice Mayor Dawkins: No, no, where - just tell me where it is.
Mr. Odio: Well, OK, the dollar amount is three hundred...
Vice Mayor Dawkins: Where is it?
Mr. Odio: It's being prepared, Commissioner.
Vice Mayor Dawkins: All right, thank you, that's all I need.
Mayor Suarez: OK.
Mr. Odio: But I want to tell you the...
Vice Mayor Dawkins: Now, the other thing I wanted to...
Mayor Suarez: Well, and after that, Commissioner Plummer wants to inquire.
Vice Mayor Dawkins: All right, I say it again, see. Parks and Recreation,
they can't take another beating.
Mr. Odio: I agree.
Vice Mayor Dawkins: All right, but they were instructed that to keeps from
laying people off and this was a commitment, that if they took a twenty-five
reduction in people that they were added, they would not lose any people.
That's number two.
Mr. Odio: That's right.
Vice Mayor Dawkins: And the third thing is, I don't know why the City
Attorney or anyone else, said that we are attempting to dictate to the
Manager. Now, I've said to you - what's that department we got back here?
Mr. Odio: Strategic Planning.
Vice Mayor Dawkins: Yes, I've said from day one Strategic Planning was
useless and a waste of money. Haven't I said that?
Mr. Odior Sure.
Vice Mayor Dawkins: But you have never got rid of it, have you?
Mr. Odio: No.
Vice Mayor Dawkins: So I haven't tried to pressure you to get rid of it, have
I?
Mr. Odio: No.
53 February 15, 1990
Vice Mayor Dawkins: So, don't say to me, I don't want the City Attorney to
sit there and give the impression that these Commissioners are trying to
dictate to you how to run the City.
Mr. Odio: You haven't, but...
Mayor Suarez: And let me echo that by saying that I said the same thing about
the Office of Industrial Engineering and I haven't pressured you to eliminate
it...
Mr. Odio: You have not.
Mayor Suarez: ...although I have told you that I don't think its...
Mr. Odio: And I appreciate that. I just wanted to know what the directions
that I was listening to were going because I can assure you, that I'm working
as many hours a days...
Mayor Suarez: We don't know, we're just trying to create, we're trying to
create a procedure that we can get better input as Commissioner De Yur.re who
proposes stated, a lot of these technical things, some Commissioners may have
the willingness to sit here through it all. Commissioner Plummer apparently
does and Commissioner Alonso may. She has, you know, all the understanding
and all the interest. Some of us are at the point that I'd rather appoint
somebody from the private sector, I have an idea who I would appoint.
Mr. Odio: By the time he finds out where to enter City Hall, it'll be a year
later.
Mayor Suarez: No, not the person I'm thinking of appointing, Mr. Manager.
Commissioner Plummer wanted to address the...
Mr. Odio: But, I will not let an outsider come and tell me what to do. And,
furthermore, Mr. Mayor, I asked you this morning to appoint Commissioner
Plummer to work with us in the pensions since he was so knowledgeable in the
pension. I have no problem with that. It is the way you go about it that I
would have.
Mayor Suarez: Mr. Manager, at the person that I waa thinking of appointing as
a member of our audit committee and would have automatic information as to how
the City's finances are and would be able to make me and this Commission some
recommendations. Commissioner Plummer wanted to address the issue.
Commissioner Alonso: I...
Commissioner Plummers Go ahead.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: First of all, when I was addressing and asking some
questions to the City Manager, I was not through prior to someone else taking
over. I have the feeling from the administration that he feels that we are
definitely interfering with his job by his responses.
Mr. Odio: No, I didn't say that, I said...
Commissioner Alonso: If that's not the feeling of or your intentions, I think
that it's important for the record that you clarify that feeling, because I
don't know if all the Commissioners are getting that feeling. But I am
definitely sensing that.,.
Mr. Odio: I will say for the record that no one of the five of you have
interfered with my job, now, and in the past. And I will also say that I
couldn't allow that to happen because if the employees don't have a clear line
of authority, then I have a problem.
Commissioner Alonso: Yes, I'd also like to say that, according to the
charter, our job is very difficult. It is very difficult indeed because in
the one hand, we did not create the problem, but we definitely inherited it.
The administration is coming to us and telling us there is no solution other
than to issue bonds which we are not willing to do and I'm sure the voters
will say no to us if we put the question to them. So then, the next logical
54 February 15, 1990
2
answer - question is, what do we do then? Then the answer is, either we get
new revenues or we save money because when you go to one, two, three, you go
to the next step and the only logical explanation is two, as I see them. If
anyone sees something better, please let me know because I'm not wise enough
as to see the light. But, as I see it, there are only two avenues. We save,
which is a very healthy thing to do and I think we have to do, and, also, we
get new revenues which, of course, we need.
Mr. Odic;: I agree.
Commissioner Alonso: OK. If anyone has any other suggestion, it's fine. I
think he administration, perhaps, what we should do, is instruct the
administration to, in a very concrete way, come back to us with measures by
which you can save enough as to help in this matter. Second to that, I have
made the proposal that, by the way, I want this Commission to know that
tomorrow the City Manager and the County Manager and our lobbyists in
Tallahassee and myself and the City Attorney will meet with the County as to
bring to Tallahassee a proposal for a tax for passengers to come to the Port
of Miami and the City of Miami should tax them or charge them a fee, whatever
way it sounds better, that it will not come from the pocket of the taxpayers
in the City of Miami, but it will come from the pocket of people who come to
Miami and do not use our hotels and do not spend money in our businesses and
they still use our facilities, the streets that the taxpayers contributed. If
they have a problem, it is a liability for the City of Miami and they don't
bring any benefit to us and I think it's only fair that we tax them in some
ways and through that, I'm certain the City of Miami will have at least $20
million in extra revenue coming to the City of Miami. That might be a way
that we can look at other avenues and through that, we can get the necessary
amount of money to resolve, if not in totality, at least in a way, the
problems that we are facing. I also have suggested in previous Commissioner
Meetings that we look at the Melrose Golf Course to develop that - Melreese,
to develop that property and, perhaps, we might be able to get maybe 50
millions, minimum amount. If that is the case, I think we should look into
avenues of getting new revenues to the City of Miami as well as trying to save
money and I'm sure that the City administrator will be willing to work with
this Commission as to find ways to save money in the City of Miami and he will
not see us as a body that•'s trying to interfere with his job. On the
contrary, as people who are in the same side trying to resolve a serious
problem that we have in the City of Miami.
Mr. Odio: I think I need to explain that.
Mayor Suarez: Wait, wait, Mr. Manager. Commissioner Alonso has very
logically subdivided the whole presentation here. We have to get more
revenues. She's working on ways to do that. I think we all agree on the
thrust of those. Now, back to the savings side and how Commissioner Alonso
views that effort to obtain that information. Let me inform the Commissioner;
she might not remember it, I know Commissioner Plummer does remember it and
Commissioner Dawkins who was here with us, we had sort of a cost containment
committee that was created...
Mr. Odio: It was the Sunset Committee.
Mayor Suarez: ... or sunset committee that was created, I think, by the
Manager, but included one Commissioner. We kind of found that that was
probably not the ideal way to go. It may have had all kinds of charter
problems, and I think Commissioner Plummer doesn't want to even go through
that headache again because it dealt with...
Commissioner Plummer: Let me tell you. it saved a hell of a lot of money in
this City.
Mayor Suarez: But, administratively, it dealt with individual purchases which
had to be approved and so on and it did save money. As a matter of fact,
-= because it...
Commissioner Plummer: A lot.
- Mayor Suarez: ...so, the general idea may not have been a bad concept to have
a Commissioner, or more than one Commissioner, looking in a very specific way
at savings, working with the Manager, of course, and recommending back to this
55 February 15, 1990
il
U-1
Commission for budgetary consideration, additional savings.
intent of your proposal and...?
Mr. Odio: I'd like to propose something.
is that the
Mayor Suarez: And can we give it form that is acceptable to all the
Commission and also to the City Manager and City Attorney so that... and it's
in accordance with the charter so we can move on to other questions.
Mr. Odio: I'll give you a forum. I'll be glad to immediately set up budget
workshops to go over each budget of each City department like we did three
weeks ago and then you can look for yourselves, and that's...
Mayor Suarez: We go through budget workshops every year and I, for one, am
not whatsoever interested in another budget workshop, now...
Mr. Odio; Well, that's a line item...
Mayor Suarez: We've gone through those...
Mr. Odio: What I'm talking about, Mr. Mayor, is a line item...
Mayor Suarez: That's not what I understood Commissioner De Yurre's motion to
be your proposal to be.
Mr. Odio: The other one is the only way you can look at the monies so that
you know where the monies is to be saved. How else can you look at the money?
Mayor Suarez: We are proposing to have a committee of this Commission, either
as a board of inquiry as the City Attorney read from the charter or in some
other form, working with you, Mr. Manager, where each one of us does not have
to go to the workshop, but we have either ourselves or, in my case, I'm going
to appoint somebody, to look at the City budget and recommend ways to make
savings so that we can then go back and resolve the problem of the
underfunding without having to issue bonds. If you want to work with us on
that, fine, if not, I'm just going to hear from the Commission, try to take a
determination on this and go and move forward.
Commissioner De Yurre: And I think that we're all involved in this together,
needless to be said. And the bottom line is to find the solution. Now, if we
have the City Manager, that he's telling us that he's already advised the
different departments to come back with information and to give reasons why or
like we say in legal terms, show cause, why they should not be stricken from
the City, then, you know, that's fine. The thing is, that we need to have in
place a procedure within which we're going to have a solution and unless, you
know, if I'm comfortable with the fact that we're going and working towards
that goal, now that we've certainly put on the record that we're not going to
go with any bond or anything similar to that, you know, we need to get some
assurance from the City Manager that within X number of days or weeks that
we're going to get a full report as to where we can save and to where we're
going and that's basically what I want. And if we're satisfied with those
results, we don't need to go any further, but if we're not satisfied, then we
can address it at that point in time again and take it from there.
Commissioner Plummer: Yes, but the problem is then you're into budget.
Mayor Suarez: OK....
Commissioner Plummer: Mr. Mayor, just a few comments, if I may. The problem
with this City, in my estimation is, that we continue to do business as usual.
That's our problem. The setting of priorities has always been the mandate of
this Commission, setting of policy. And if you don't have the correct and
total information, it's impossible to set priorities. We disagree, but yet it
--�. goes through and as far as I'm concerned, until the day comes and I continue
- to say this in the simplest of terms, that we return to basics and provide
that which we are charged to do by the taxpayers, we're wasting our tima.
Each one of us have difference of opinion of how that should come about and
that's where the problem lies. For example, I have said and I'll continue to
say, boxing program in the Police Department is a damn fine program, but what
is the highest priority?-$800,000 for a boxing program or addressing the
—' Gates issue? I mean, that's what it's coming down to. The monies are there.
There's no question the monies are there. Are we going to continue to have
56 February 15, 1990
one priority over another? And I think it's more of setting priorities of
what this Commission is going to accept than it is to try and find out how you
cut here or how you cut there. And in conclusion, I just want to .remind you
that about a month ago, before this Commission, I could not get a second on a
motion to try and do the same thing which I think is trying to be accomplished
here today and that is to have the administration come back to this Commission
and give us their views of what a two percent cut in the budget would be, a
three percent, four percent, and a five percent. And I think that is where we
can agree or disagree. Because when you look at a police budget of what? -
$79,000,000? Seventy-nine million dollars. You look at a fire budget of
$42,000,000. It's a matter of setting priorities and in my estimation, we
have got to cut and set new priorities and we cannot continue to do business
as usual.
Mayor Suarez: OK, Commissioner Dawkins. By the way, that's not necessarily
in contradiction of what Commissioner De Yurre said because you're just '
setting a specific amount. 'You're saying, let's ask them to come back with a
savings of X amount.
Commissioner Plummer: Well, it is a specific amount if you use this year's
budget of one ninety-six for general fund. Two percent of that we know what
that would be in a reduction or three percent. We know what that would be, so
I mean, It is...
Mayor Suarez: Right. And we wouldn't want it, as Vice Mayor Dawkins said
before, we wouldn't want just X number of employees reduced because each one
is an average of X amount. We would want specific, just like he suggested,
departments that maybe have to be sunsetted. Frankly, I would begin by
eliminating the two that Commissioner Dawkins and I have referred to which
were created recently, but, go ahead, Vice Mayor Dawkins.
Vice Mayor Dawkins: Mr. Manager, is $800 for the boxing fee out of the
general fund?
Mr. Odio: No, sir.
Vice Mayor Dawkins: OK, see, I think that need to be put in the record, see,
because when we start talking about policemen budget...
Commissioner Plummer: Where is it coming from?
Mr. Odio: Law enforcement trust fund.
Mayor Suarez: Trust fund.
Commissioner Plummer: The entire amount?
Mr. Odio: Yes, sir.
Commissioner Plummer: That's not correct, sir.
Mr. Odio: We are - that's what I understood.
Commissioner Plummer: The entire amount...
Vice Mayor Dawkins: All except the policemens' pay. That doesn't come out.
Mr. Odio: I'm sorry, except salaries, except salaries, I'm sorry, I'm sorry.
Commissioner Plummer: Exactly. Exactly. You've got, you see, where I have
my problem is...
Mayor Suarez: How much of the salary, just so we put it in the record, J.L.,
and not argue the philosophy.
Commissioner Plummer: You've got five, six - what about the new - they just
opened another one, by the way.
Mayor Suarez: That way, we'll all agree what we're talking about...
Mr. Odio: There is three policemen.
57 February 15, 1990
IV I
Commissioner Plummer: There's three policemen, how many...
Mr. Odio: That's $150,000 a year.
Commissioner Plummer: Excuse me?
Mr. Odio: A hundred and fifty a year.
Commissioner Plummer: Sir, there's other people of salaries that are in that
budget.
Lt. Joseph Longueira: There's three policemen, there may be - I don't know if
there's any public service aides. I think...
Commissioner Plummer: There were two the last time I checked.
Lt. Longueira: Yes, there might be. I could get you the exact numbers.
Mayor Suarez: OK, of the eight...
Commissioner Plummer: OK, you see, the point I'm trying to make is twofold.
Mayor Suarez: Of the $800,000, it probably is less than 50 percent, maybe as
little as quarter that is from the City and the rest is from the law
enforcement...
Commissioner Plummer: Mr. Mayor, the point...
Mayor Suarez: I'm just putting that in the record, that's all.
Commissioner Plummer: Yes, the point I'm trying to make is twofold, OK?
Mayor Suarez: We don't argue about the facts.
Commissioner Plummer: One, there's nothing wrong. It's a great program, but
can we afford it in today's conditions?
Vice Mayor Dawkins: No, but let's - but when we talk about reducing what we
can't afford, let's talk about that, that it's direct cost.
Commissioner Plummer: No question.
Vice Mayor Dawkins: OK, that's all I'm saying. That's all I'm saying.
Commissioner Plummer: Now, but the second part of that that...
Vice Mayor Dawkins: That's all I'm saying.
Mayor Suarez: That's been clarified. Yes, let's not talk about eight
hundred, when we're really talking - we may be talking about a hundred and
fifty or two hundred.
Vice Mayor Dawkins: The other thing I need to say is, Mr. City Attorney...
Mr. Jorge Fernandez: Yes, sir.
Vice Mayor Dawkins: What are the three critical services that the charter
says we must provide with ad valorem taxes?
Mr. Fernandez: Well, the charter in section 3 of the charter, lays out all of
the powers of the City of Miami and all of the services, all municipal
services that you undertake to provide.
Vice Mayor Dawkins: And it does not...
Mr. Fernandez: But there is no specified services.
Vice Mayor Dawkins: It does not say that the critical services are Fire,
Police, and Sanitation.
Mr. Plummer: The charter does.
58 February 15, 1990
M111 IN
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771
_-_ Mr. Fernandez: Not to my recollection as I sit here without further studq.
There is no specific...
Mayor Suarez: Which departments are specified as having to exist in the
-� charter? I know the Police Department is. Any others?
Commissioner Plummer: No, we've changed that from time to time.
Mayor Suarez: Yes, we've adjusted it, but I think it's still in there as a...
Commissioner Plummer: As far as the department heads. Mr. Mayor, may I...
Mayor Suarez: Anyhow, Vice Mayor Dawkins' notion that those are the essential
services, I think, is our understanding of it, that's for sure.
Commissioner Plummer: The second point of that thing that I was trying to
make, Mr. Mayor, is, we have to go through such extensive situations to get
sworn officers. I mean, we have to go today, and I think the last figure that
I heard was, we have to recruit 16 to get one in the academy. We need those
v; policemen out on the street which they are, law enforcement. You can get
civilians to take and you put them in to do those kind of jobs. I can go
through a scenario, Mr. Mayor, that I've done time and time again and we have
a disagreement, the Chief and I, and we're going to continue to have that
disagreement.
Mr. Odio: And with me too, because I...
Commissioner Plummer: Look, I have the right to have my independent thinking,
but everytime that I look in a Police Department and I see a policeman who is
not primarily doing the enforcement of the law, that a civilian could be
doing, I've got a problem. That goes from the PIO to a number of policemen
who are doing nothing but off duty jobs. Off duty jobs! We've got three
policemen in there administering off duty jobs. What law enforcement are
those men doing? We got two men administering a burglar alarm ordinance...
Mayor Suarez: Although as to the off duties, we recover enough to pay for
them and a lot more.
Commissioner Plummer: OK, look.. I'm not going to go through the scenario.
There are jobs that could be done by civilians at a less cost. Policemen cost
us on the average, fifty per million dollars. Civilians we get 76 per
million. If those numbers are wrong, the percentage is the same. And that's
where I'm saying the savings can come about. The hundred PSAo that we have
hired and not been able to attain...
Mayor Suarez: I think maybe we're all saying the same thing here without
going into the philosophy of budgeting. We have, Mr. Manager, I think, unless
you want to try to...
Commissioner De Yurre: Basically, what I would like is to have a directive
that, you know, within a certain amount of time, reasonable period of time,
whether it be 30 days or whatever you feel comfortable with, to come back with
alternatives as to where we can save and where we can get additional income.
Mayor Suarez: And I would add, unless you have any problem with it, because I
think we can get votes for what he said hold tried toproposebefore, it
didn't get a second, I would add that we specify that we're looking to save
— roughly two percent of our current budget.
Commissioner De Yurre: Well, in increments, two, three, four, and see where
we would have to - where it would hurt, what would be affected.
-_ Commissioner Plummer: Well, but I can tell you because we've done it before.
OK, he's going to come back with his recommendations of where we cut and we're
going to disagree. I can tell you there's many areas we're going to disagree.
But at least, it gives us a basis to start without interfering because wo
still retain the right to set policy.
Mayor Suarez: Sure.
Commissioner De Yurre: Well, then why don't we go back and create like a
hybrid of what I was proposing originally and get somebody from this
59 February.15, 1990
i 10
Commission, whether it be you, J.L., or Commissioner Alonso, to sit in in that
process? And you have our thinking already and basically what we're willing
to do or not to do.
Mr. Odio: I think it might enlighten all of you if you really went through
the budget line item by line item and see what I saw and then you can reach
those conclusions. It would be very interesting for you to see it, and then
you...
Mayor Suarez: Mr. Manager, we go through the budget line item by line item
anyway. We reach different conclusions from the ones you reach and it's not
that easy.
Mr. Odio: I'm sure we would.
Vice Mayor Dawkins: That's what J.L. said.
Mayor Suarez: Yes. It's not that easy, I mean...
Vice Mayor Dawkins: See, and like you said, it's not that easy because I
don't even need to, you know, personally, I don't even need to look at nothing
in that... what is it? -strategic planning? See, automatically, wipe that
out. I'm through with that. See, so I don't need to evaluate nobody in it.
See, so that's why J.L. is saying, that's where the difference is.
Mr. Odio: You know, Commissioner...
Vice Mayor Dawkins: You say it's important. I say it's not, but you're the
Manager.
Mr. Odio: I think I need to say why for a minute, Mr. Mayor. The one lacking
thing that I found when I became City Manager in this City, was lack of
information and the lack of planning. We went from budget to budget...
Commissioner De Yurre: We find that here too.
Mr. Odio: OK. And what this Strategic Planning unit is doing is laying out
the City of Miami for the next 20 years and if that's wrong, then it's wrong.
Mayor Suarez: The Commission, apparently, wants to have more information and
wants to participate more in strategic planning and wants you to spend less
money for staff people to do strategic planning, the Commission wants to do it
itself. I think it's within the charter provisions to do that and we're...
Mr. Odio: Fine, I'll... well, sure... we'll resolve $300,000 and have to
find $70,000,000.
Mayor Suarez: Mr. Manager, please. I'm trying to bring this to a closure by
having some sort of a viable proposal. In the absence of anything else being
moved by any Commissioner, let me then go back to what I think is the
consensus which is that we would like, within 30 days, to have your proposal
on how you can further create savings and modifications of this year's fiscal
year - I mean, I don't think anybody's talking just the future, we're talking
about this fiscal year...
Commissioner Plummer: Do we want me to offer my motion again?
Mayor Suarez: Yes.
Commissioner Plummer: I'll make a motion at this time that the Manager come
back within 30 days with increment cutting of the budget of 2 percent, 3
percent, four and five.
Commissioner Alonso: Second.
Commissioner Plummer: Ones two, three and four?
Mayor Suarez: Moved and seconded. It's too complicated. Why don't you just
make it two percent, please?
Commissioner De Yurre: Whatever is needed. Up to whatever is needed to meet
this debt that we have.
60 February 15, 1990
Commissioner Plummer: Yes, but then you don't have any variances.
Mayor Suarez: Do you want to give two alternatives so we don't get too
compli... ve get charged now and...
Commissioner Plummer: Maybe we should also say, or with alternative
suggestions.
Mayor Suarez: Two and five. How about two and five?
Mice Mayor Dawkins: Two five, you say.
Commissioner Plummer: Huh? Two and five?
Mayor Suarez: Two and five because with two...
Commissioner Plummer: Well, I can figure that without any problem. But the
only problem that you're going to have is, there's going to be disagreement
which means there's going to have to be compromises in variances to what is
the proposal. And that's why I think it's important to go in the increment of
two, three, four, and five. That was the only reason.
Mayor Suarez: It's just going to mean a lot more charts and a lot more
confusion, I mean, if...
Mr. Odio: OK, let me tell you my instructions to all the City departments
during the budget workshops last week. They are to come back next year with
the...
Mayor Suarez: It's for next fiscal year.
Mr. Odio: ...with the same dollars they had this year and if you know what a
budget is, and you know, it is a cut of 6 percent. So, if you want more about
that...
Mayor Suarez: I don't see it as a cut of six percent but...
Mr. Odio: It is a cut of six percent.
Mayor Suarez: I see it as a cut of whatever our increased revenues are which
could be 3 percent.
Mr. Odio: And if you look at the budget for this year...
Mayor Suarez: Four percent.
Mr. Odio: ...the budget dollars for this year for each department was the
same dollars as last year and so that was an automatic cut so...
Mayor Suarez: Right, that's what we attempted to do last year but that wasn't
enough. Commissioner Plummer, it's your intention to focus, not only on next
year's fiscal year but this fiscal year?
Commissioner Plummer: Oh, of course.
Mayor Suarez: We're talking about still this fiscal ;year.
Commissioner Plummer: Our problem exists now.
Mayor Suarez: OK, Mr. Manager, we're all in agreement, we love it. If you
later want to have workshops, Commissioner De Yurre, I suggest you resurrect
later your idea that a committee be composed, at least the extent that the
workshops for those of us that don't want to attend, I have a feeling
Commissioner Dawkins and I might appoint somebody, maybe you will because I'll
appoint a CPA who's on our audit committee. I am not going to attend more
workshops but Commissioner Plummer, Commissioner Alonso may want to actually
attend and I have no problem with that procedure either. The motion...
Commissioner Alonso: Yes, and I second it.
61
Mayor Suarez: Yes, the motion has been made and seconded. Why don't we say
that you come back with - after all, it's just a... how about two, four, and
five percent?
Commissioner Plummer: I would rather have two, three, and five.
Mayor Suarez: Two, three and five percent in the motion. Do you accept that
reductions in current and future fiscal year budgets?
Commissioner Alonso: Yes.
Mayor Suarez: Call the roll on that motion. Hr. Manager, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-142
A 140TION DIRECTING THE CITY MANAGER TO COME BACK
WITHIN 30 DAYS WITH THREE DIFFERENT BUDGET REDUCTION
PROPOSALS PROJECTING A 2% REDUCTION, A 3% REDUCTION,
AND A 5% REDUCTION FOR THIS CURRENT FISCAL, AS WELL AS
NEXT FISCAL YEAR BUDGETS.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: And for the record...
Mayor Suarez: I think he wants two thirty. Is that all right?
Commissioner Plummer: ...let's don't fool anybody. There are going to be a
reduction of employees and there's going to be cuts of salaries as they exist.
So don't fool anybody. That's the only way it can be.
Mayor Suarez: Thank you, thank you. Two thirty we...
Vice Mayor Dawkins: Salaries?
Mayor Suarez: Thank you. We reconvene at 2:30, so we can finish the morning
items and then go on to the 2:30.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:02 P.M. AND RECONVENED AT 2:34 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONER ALONSO.
62 February 15, 1990
I
-------------------------------------------------------------------------------
6. (A) DISCUSSION CONCERNING PROPOSED FIRST READING ORDINANCE SETTING
MAXIMUM AMOUNT OF TIME CITY COMMISSIONERS MAY SERVE ON CITY BOARDS
OR COMMITTEES (See label 7)
(B) SET CEILING ON TOTAL PERSONNEL COSTS (SALARIES) AT THE MIAMI
SPORTS AND EXHIBITION AUTHORITY.
(C) CITY COMMISSION TO APPROVE APPOINTMENT OF EXECUTIVE DIRECTOR FOR
THE MIAMI SPORTS AND EXHIBITION AUTHORITY BY NO LESS THAN 4%5THS
VOTE.
(D) EMERGENCY ORDINANCE: AMEND CODE SECTION 52.6-3 AND 52.6-5
INCREASE NUMBER OF VOTING MEMBERS OF MIAMI SPORTS AND EXHIBITION
AUTHORITY - CITY COMMISSION MEMBER TO SERVE AS CHAIRPERSON -
EXECUTIVE DIRECTOR OF AUTHORITY TO BE SELECTED BY MEMBERS, SUBJECT
TO CITY COMMISSION APPROVAL. (See labels 7, 8, 30, and 31).
----------------------------------------------------------------------------
Mayor Suarez: This Commission is back in session. We have item four, I
believe. It's three? Three. Miami Sports & Exhibition Authority, financial
analysis, etcetera.
Commissioner De Yurre: Mr. Mayor, what I would like to do is to take four
first because originally that was the item that we had before the Commission.
Mayor Suarez: The structure?
Commissioner De Yurre: And then we can get into the whereabouts of the budget
and all that kind of thing.
Commissioner Plummer: Well, hold on here. The problem here, I want to take
a - if it's all right with you - take them jointly because I think that they
are joint.
Commissioner De Yurre: Oh, that's fine. Well, but the thing is that we can
taken them jointly, but let's not mix them up together. Because one has
nothing to do with the other except that it's Sports Authority.
Mayor Suarez: Well, maybe they do have a lot to do with each other,
Commissioner, because there's some of us that might be willing to establish
more autonomous authority as long as we can control the budget and the best
way to begin controlling the budget is when the executive director resigns and
begin to streamline the agency and, of course, there is a report that we've
asked for the Manager. I think the best bet is to not feel compelled to or
constrained by either one, but take whatever you want to take of it...
Mr. Odio: Mr. Mayor, I'd like to - as a matter of courtesy, introduce Lourdes
Reyes to you, since she's been my designee there for the last week. She's
been running the authority on a day to day basis and I wanted you to meet her.
Mayor Suarez: Very good.
Commissioner Plummer: And how much does she make?
Mr. Odio: Too little.
Commissioner Plummer: That is not my question.
Mr. Odio: Forty...
Mayor Suarez: What is her compensation?
Mr. Odio: Forty thousand.
Commissioner Plummer: Plus fringe.
Mr. Odio: Well, I don't know what fringes they have in the Sports Authority.
Mayor Suarez: Present salary of the - is she the highest paid or highest
level employee over there right now?
Mr. Odio: She is now.
63 February 15, 1990
Mayor Suarez: OK, Commissioner De Yurre, anybody who wants to tackle either
i three or four, understanding that I think we're going to end up talking about
both.
Commissioner De Yurre: Well, we will because we have to.
Mayor Suarez: All right.
Commissioner De Yurre: Now, the whole concept is, is there a problem, you
know, is there a consensus pretty much as to what we've been trying to
accomplish which was expanding the board from eleven to thirteen. And is
there any problem with that?
Mayor Suarez: As to what? -I'm sorry?
Commissioner De Yurre: As to expanding the board from eleven to thirteen.
Commissioner Plummer: I have no problem. Well, the problem is, it has not
been defined for me, Victor, as to what authority the Commissioner who sits on
there will have other than being chairman running the meeting. Is he official
voting member, is he ex-officio? Is he chairman?
Commissioner De Yurre: Well, my understanding... just because you're ex
officio doesn't mean you don't vote. OK?
Commissioner Plummer: Well, that's what it... you know, I'd like to have that
clarified now he brought it up. I supposedly am an ex officio member of the
Bayfront Park Authority. And I don't vote, I'm told. I can't vote. Now, is
an ex officio member in the legal sense of the term, regardless of what board
we're talking about, do they vote or they don't?
Commissioner De Yurre: Well, is... go ahead...
Commissioner Plummer: Excuse me, just for the record, I'm happy of not voting
but I'm just asking for legality.
Mr. Jorge Fernandez: A Commissioner sitting as an ex officio member...
Commissioner Plummer: That's not my question. My question is, an ex officio
member of a committee, are they voting or non voting?
Mr. Fernandez: The answer is yes. Now, let me give you my complete response
to that.
Commissioner Plummer: Yes, vote?
Mr. Fernandez: Yes, a member of this City Commission sitting as an ex officio
member of a committee or board or a trust created by this Commission, can be a
voting member of that committee, board or authority.
Commissioner Plummer: Can or shall?
Mr. Fernandez: Can.
Mayor Suarez: Put it this way, the fact that you are an ex officio member, or
anything, does not ipso facto, de facto, per se, mean anything other than...
Commissioner Plummer: No. But I'm just asking for legality.
Mayor Suarez: That's why I threw the Latin in.
Vice Mayor Dawkins: Mr, Mayor.
Mayor Suarez: Yes, Vice Mayor Dawkins.
NOTE FOR THE RECORD: Commissioner Alonso entered the
meeting at 2:36 p.m.
64
Vice Mayor. Dawkins: Mr. Manager, you know, I'm appalled that for 18 months
I've asked you people to get a black person in the Sports Authority. For 18
months, you've done nothing. I ride herd on TCI and everybody else about
their not having blacks. Then the opportunity comes for a black person who
might be put to head the Sports Authority and you come up with something other
than that. Now, how can I sit here in good faith and ride herd on everybody
else and give them hell and don't do the same thing to this department?
Explain that to me, air.
Mr. Odio: Simply that she's only acting, that I needed someone to take care
of the day to day business until you decide what you're going to do with this
thing. You cannot put somebody there now not knowing what... after you make a
decision today, I thought you were going to go out and have the board select
the director. Now, if I'm wrong, correct me. That's what I understood and I
just appointed since she was there, she's a very intelligent girl that is very
much aware of what's going on there. I wouldn't sera why bring someone from
the outside until you decide today or whenever what you're going to do.
Vice Mayor Dawkins: But, you see, had you 18 months ago had you put a black
in there, there would have been a black there who knew and was knowledgeable,
according to you, your criteria to be able to do this.
Mr. Odio: Well, I had one. As you know, Warren Butler, went from my office
to the Sports Authority and he chose to make a move and that's a fact.
Commissioner De Yurre: The Port Authority. I thought he was with the Mayor's
office.
Mayor Suarez: Yes, he'd been an employee of the... he's been a member of the
Sports Authority, an employee.
Vice Mayor Dawkins: So, when he was moved, you all could not find another
qualified black to put in Warren Butler's place, so, therefore, you did not
refill the spot that you took Warren Butler out of.
Mr. Odio: That's - the answer to that is yes.
Vice Mayor Dawkins: Oh, there's only one qualified black in the whole City of
Miami to fill that spot.
Commissioner Plummer: And that's Miller Dawkins.
Vice Mayor Dawkins: That's what you're saying, Mr. Manager?
Mr. Odio: No, sir.
Mayor Suarez: Was Warren Butler ever replaced in the Authority? Does anybody
remember?
Mr. Odio: I don't know.
Vice Mayor Dawkins: See, I keep sitting here and I am the only ono who sits
here on this Commission and constantly asks for things and I don't get them.
Now, I've got a memo here of the 31st where I made some requests. I have yet
to get an answer to this memo. I've asked you 18 months ago that you hire a
black in the Sports Authority. You don't have it. But, because today
Commissioner De Yurre says that there :should be changed or
something, the executive director quit. All of us thought say, well, hey,
let's just put one there for Miller Dawkins if it don't stay. You put one
there and tell me that you thought that it would only be temporary and,
therefore, I wouldn't mind.
Mr. Odio:, As far as I'm concerned, this person is acting until you decide
otherwise.
Mayor Suarez: OK...
Vice Mayor Dawkins: Well, I will decide as of now, it should not act until
you get a permanent one. That would be my... but, there again... OK, let's
bring it to a head this way. Who decides, this Commission, who decides who
will give the orders to the Sports Authority? The authority or the
Commission?
65 February B , 1990
I
Commissioner Plummer: Today or...
Vice Mayor Dawkins: I mean, the board of directors or the authority or the
Commission?
Commissioner Plummer: Today or as proposed?
Mayor Suarez: As of now, the Manager can designate himself or someone
else,
presumably from the City staff, to operate and run the agency. An of the
ordinance that we may pass, it might change.
Commissioner Plummer: Correct. That changes that...
Vice Mayor Dawkins: Well, I will put it in the record that I
am very
disturbed at the Manager's selection, although the charter gives
him that
right to do that and the charter also given me the right to disagree.
Mayor Suarez: And to complain. All right, we're back to trying
to decide
either the structure or the budget of the authority.
Commissioner De Yurre: OK, so far, we've got no problem going from
eleven to
thirteen.
Commissioner Plummer: Except for the fact that in the terms of
the City
Commissioner, one, it doesn't show rotating. Two, it doesn't spell
out what
authority that person shall have.
Mayor Suarez: Yes, let's clarify that.
Commissioner Plummer: It says, ex officio. I'm getting...
Commissioner De Yurre: The authority then, would be, just to be a, you know,
just like any other, run the meeting and be a voting member of the board just
like everybody else.
Commissioner Plummer: Well, Victor, that's why I asked about the term, ex
officio. Why would you be an ex officio?
Mr. Fernandez: Let me further clarify that. When the word ex...
Commissioner Plummer: You're not the ex officio of the DDA, are you, Mr.
Mayor?
Commissioner De Yurre: Sure, he is.
Mayor Suarez: Yes, but why don't we...
Mr. Fernandez: At a voting.
Mayor Suarez: ...Mr. Manager, Mr. City Attorney, so we don't get into ex
officio and what it means, why don't you say, by virtue of the appointment of
the Commission, which is all ex officio means anyhow...
Mr. Fernandez: That's right.
Mayor Suarez: There will be a member of this Commission that will be
chairman, is that what you're proposing?
Commissioner De Yurre: Yes.
Mayor Suarez: Is it chairman, voting member of the authority. I don't have
any problem with the...
Mr. Fernandez: That's exactly what the amendment that we have prepared says.
Commissioner Plummer: Where is the amendment?
Mr. Fernandez: It's in your packet. It's item number four.
Commissioner Plummer: Oh, OK.
66 February 15, 1990
Mr. Fernandez: And we amend section 52.6-3 in that exact same manner that the
Mayor has outlined, increasing the numbers from eleven to thirteen. One of
which, of those thirteen, will be a City Commissioner appointed by the City
Commission, to be an ex officio member and the chairperson thereof. Whenever
in legislation you find the word, ex officio, without any limitations on it,
the implication and the understanding is that it's a voting member.
Mayor Suarez: Well, I mean, in that particular case, the implication, to some
people, is the opposite, so the beat bet is turn....
Mr. Fernandez: To outline it. We will.
Mayor Suarez: Oh, no, just to take ex officio out, it will be a member,
voting member of the Commission.
Mr. Fernandez: No problem with that.
Mayor Suarez: Now, what about - Commissioner Plummer, what about the term?
Commissioner De Yurre: The autonomous.
Mr. Fernandez: In the term of members, we have - the City Commissioner
appointed to be a member of the authority pursuant to subsection A above,
shall serve at the will of the City Commission. That is the language that's
there. At the last City Commission meeting, Commissioner Alonso recommended
or suggested that today we should be able to come up with language that would
make this appointment to be reviewed annually by the City Commission. That is
the broadest interpretation at that time whenever it comes up for review,
this...
Mayor Suarez: Anybody have any problems with that? OK. Why don't you leave
that in, hopefully, so that we can have a motion on this issue at some point
if nobody has any problems with that. Reviewed annually, so that presumably
means we could - it does mean that we can change any year that we want.
Mr. Fernandez: Correct, it does not perpetuate the person in the same
position.
Mayor Suarez: It also takes care of situations where the Commissioner may no
longer be on the Commission and we'll have to appoint somebody else, etcetera.
Mr. Fernandez: Correct. And it does not prohibit or implies that the person
serving already cannot again be reappointed.
Mayor Suarez: Right.
Commissioner Alonso: That's page two?
Mr. Fernandez: Yes, that's...
Commissioner Alonso: ...C.
Mr. Fernandez: Right, exactly.
Commissioner Alonso: And it says, A above shall serve at the will of the City
Commission.
Mr. Fernandez: Correct.
Commissioner Alonso: So, it will come to us every year for review.
Mr. Fernandez: Well, no, what we're proposing is that to carry your...
Commissioner Alonso: I see it clear and
Mr. Fernandez: No, no...
Commissioner Plummer: The word that you used before was rotate.
Commissioner Alonso: Yes.
Mr. Fernandez: No, to...
I I*
Commissioner Plummer: That's what she used before.
Mr. Fernandez: Exactly. And to incorporate...
Commissioner Alonso: I don't see it.
Mr. Fernandez: No, no. Correct, it's not here, but what I'm suggesting is
that to include in this your concept that we should add the words, above shall
_ serve at the will of the City Commission and then to be reviewed annually by
the City Commission each year. Well, there I'm repeating myself. On the
anniversary of such appointment. That's the concept of making sure that every
anniversary there is a review of that appointment. I think that that catches
your intent, Commissioner Alonso.
Commissioner Alonso: Why can't it say, rotation? Why cannot...
Mr. Fernandez: Oh, it can. It can say that too.
Commissioner Alonso: I think it would be better.
Commissioner De Yurre: Well, what we need to do is...
Commissioner Alonno: ...for everyone concerned because it will avoid the
problem of forcing us to take a position in forcing another colleague to give
�1 up a position that... if it is spelled very clear, it will be up to us to say,
no, it's fine, that person is handling things that it should remain for
! another year or whatever extent it might be and but let's make it very
clear...
Commissioner De Yurre: Then, why don't we make it even clearer and we go to
the concept because I think that we spoke last time and there was a consensus
on the Commission that we should apply this concept to every board that
wherever a member of this Commission serves on.
Commissioner Plummer: I think that's a good idea.
Commissioner De Yurre: And that could be one motion and that would cover the
Sports Authority, it would cover everything that we are involved in. And that
takes care of the whole thing.
Commissioner Plummer: It's a good idea.
Commissioner Alonso: That's right and as a matter of fact, we agreed last
time, let's do it.
Commissioner Plummer: Well, but wait a minute, you do have one problem that
you've got to delineate. I understand that in the teams of the Mayor and DDA,
is there not a legal says that the Mayor has to be, or is that....?
Commissioner De Yurre: If we have the power to dissolve that board, that
authority, I don't think that would be much of a problem anyway.
Commissioner Alonso: That's right. And then we will not have that problem
reconvening....
Commissioner Plummer: Well, I, for one, as much as I have problems with the
DDA, think that the Mayor should be the chairman as long as he's on that
board.
Mayor Suarez: I don't remember the state law says anything about it. It may
be that it could be on a rotating basis.
Commissioner Plummer: I don't think it should be. No, I don't agree with
that. I think the Mayor should be head of the DDA. I feel strongly there.
Mayor Suarez: Anyhow, but...
Commissioner Plummer: Now, another question, just for clarification....
Mayor Suarez: ...really, as to other boards, it might make more sense since
we're trying to solve this issue here, although we can make a statement of
68 February 18, 1990
ti
principle is to review them all at another time but try to get this one
resolved.
Commissioner De Yurre: Well, that's what I'd like to do.
Commissioner Alonso: Why do you think it should be the Mayor all the time?
Commissioner Plummer: As far as the DDA?
Commissioner Alonso: Yes.
Commissioner Plummer: Because the Mayor is the spokesman for this Commission.
He is the ceremonial head of this Commission and as such, I think he should
serve in that capacity, because it's the DDA who brings economic development
into this community. It doesn't preclude any of us from being there and
speaking. But I think that the Mayor is the titular head of this City and as
such, he should be head of that committee which I think is very vital and very
important.
Commissioner Alonso: So, it's of great importance...
Commissioner De Yurre: Well, you know, there's so many boards that are
important, you know, when you're talking about bringing economic development
to downtown but yet there are other authorities and boards and things that
bring in economic development in general to the City of Miami.
Commissioner Plummer: Well, I don't disagree with that, but I think that the
distinction of the DDA is that of separate... and, hey, you know I've had my
problems with DDA. You know, there were times the third vote appears around
here, I think DDA is going to be history, but that's a different...
Mayor Suarez: By the way, the -,I've always had the idea that it would be
helpful to have Commission members serve as a yearly chairman of the DDA in
the sense of...
Commissioner Plummer: Just for clarification, Mr. Mayor, let me ask a
question. And this is for clarification. Are we speaking now when we go on
this rotating basis, which I happen to be in favor of, that it applies to only
a Commissioner as a chairman of the a committee or as a member of a committee?
I mean, I'll go either way, but for clarification...
Commissioner De Yurre: I don't think it has to be a member because what are
you going to end up? You're going to end up with...
Mr. Fernandez: A point of clarification...
Commissioner Plummer: No, no, no, victor, that's not the point. For example,
I am an ex officio member of the Bayfront Park Trust Authority. I don't even
vote on that, OK? I'm basically a liaison is what I am.
Mayor Suarez: You're like a monitor, yes.
Commissioner Plummer: Now, as that, do you intend for this motion which
you're proposing, to rotate that on the Commission or in those areas in which
a Commissioner serves as the chairman of a board? I'm asking only for
clarification. Either way is acceptable but let's put it into writing now.
OK?
Commissioner De Yurre: I think that it should be reviewable...
Commissioner Plummer: You know, in some ways, I'm more than thankful for
this. As you will recall, I tried to get off the Beacon Council and I
couldn't get anybody hero to rotate it.
Commissioner De Yurre: Well, you got me in there now.
Commissioner Plummer: I tried - finally, after six months. You know, I tried
to get off the South Florida Regional Planning Council for a year and I
couldn't get off because nobody here would take it.
Vice Mayor Dawkins: But the only reason you tried to get off, you wanted to
go over to the Bayfront Park Trust and I wanted that and I didn't want to take
one you was giving up, so you could have that.
69 February 15, 1990
Commissioner Plummer: You can have it.
Vice Mayor Dawkins: That's why you have a problem.
Commissioner Plummer: You can have it any time you want it.
Mr. Fernandez: Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Plummers I'm just asking for clarification, that's all.
Commissioner De Yurre: I think anytime that any appointment of a Commissioner
— to any board or authority, that should be reviewable annually and, you know...
Commissioner Plummer: It's fine with me.
Mayor Suarez: Yes, I think the intent certainly has been, any time that we
have changed an ordinance to include a Commissioner as part of any trust or
authority or board, that it would be a rotating...
Commissioner De Yurre: OK, so if we can...
Mayor Suarez: And I think it's not a bad idea to make them chairmen because
they're going to be treated as chairmen in any event.
Commissioner Plummer: Well, there are boards, Mr. Mayor, in which we do not
serve as a chairman.
Mayor Suarez: We're just sort of a liaison, yes.
Commissioner Plummer: OK?
Mayor Suarez: That's true.
Vice Mayor Dawkins: And I'm getting ready to give you one of them now that
you can have.
Commissioner Plummer: Thanks.
Vice Mayor Dawkins: Mr. Mayor, I will no longer serve as this Commission's
appointee...
Commissioner De Yurre: Homeless coordinator.
Vice Mayor Dawkins: ...to the Tourist Authority.
Mayor Suarez: Greater Miami Convention Bureau.
Vice Mayor Dawkins: I will not sit on any board again where we have no voting
power and we have nothing to say about what they do or why. So, as of now, I
wish you would appoint someone else as the City Commission liaison to that
commission.
Commissioner De Yurre: The Convention Bureau...
Mayor Suarez: Greater Miami Convention and Visitors Bureau, OK,
Commissioners, I think we ought to bring back any and all board including DDA
for further consideration and I think we, as a statement of principle, can say
that want to have this apply to all existing boards. But we really ought to
take action on this one and...
Commissioner De Yurre: Well, including the Sports Authority.
Mayor Suarez: Yes.
Commissioner De Yurre: That's it.
Commissioner Plummer: Well, but then we're going to leave it at...
FE
Mayor Suarezi But each one has a totally different legal structure, legal
standing, some are trusts, some are agencies, some are autonomous. DDA has
Commissioner De Yurre: Well, what the point is wherever there is an
appointment of a Commissioner, a member of this Commission to any board,
authority, or trust or anything, it's reviewable annually. And that's it.
And that includes everything.
Commissioner Alonso: I'd like a clarification with the City Attorney. Do you
understand exactly the extent of what we want? We wanted it rotational. And
whoever we appoint or whether we change the Commissioner, it's up to us, but
it is understood in the way we wanted it to be. Do you think you are getting
the idea exactly of what we want?
Mr. Fernandez: No.
Commissioner Alonso: I don't want this to be the case of the museum or the
contract with so many other problems...
Mr. Fernandez: And let me...
Commissioner Alonso: ...and then later on, no one knows what happened and it
wasn't clear enough. We wanted it to be crystal clear.
Mr. Fernandez: I really welcome the opportunity, Commissioner Alonso, for me
to explain to you what my problem is with the way that this item is being
discussed. Implicit in the word, rotation, is the concept that the person
that served this year will not serve next year again.
Commissioner Alonso: If we decide that that person should remain there
because it's in the middle of discussion, it's the middle of something else
important to the City of Miami, I think it's up to us to take the steps, so I
want you to make the - take the necessary steps to protect us, as if that is
the case, we can allow that person to maintain...
Mayor Suarez: Yes, we want to be able to have the discretion to keep the same
person.
Commissioner Alonso: Exactly. Discretion to do it.
Commissioner Plummer: Rotate means you might not get somebody else on the
Commission to take it.
Commissioner Alonso: I beg your pardon?
Commissioner Plummer: I€ you use the word, rotate, and you can't get anybody
else to take that position, it would preclude that from doing.
Vice Mayor Dawkins: Abolish it.
Mr. Fernandez: And that's why...
Commissioner Plummer: I think what you need to say, and I think accomplishes
the same thing, is that any Commissioner appointed to any board is for a term
of one year. Which would automatically bring up a review.
Mayor Suarez: And expires and requires a whole reconsideration or...
Commissioner Plummer: What you could or could not reappoint. That does
accomplish it.
Mr. Fernandez: But I'm telling you is that word, rotate, lands itself...
Mayor Suarez: Mr. City Attorney, Commissioner Plummer just said that, rotate
implies that a person cannot be reappointed. Commissioner Alonso has said
that she wants to make sure we still have that discretion. Commissioner
Plummer then said the wording may be simplest to just say, every year we will
reappoint or we will appoint and that is...
Commissioner De Yurre: It's a one year term.
71 February 15, 1990
Commissioner Plummer: It's a one year term.
Mayor Suarez: It's a one year term.
Mr. Fernandez: Commissioner Alonso, are you satisfied with that?
Commissioner Alonso has addressed me asking me if I understood and...
Mayor Suarez: Well, we've gone through it ten times. Rotation does imply
that the same person can't serve twice. She wants to retain that discretion
and there's wording now that will do that.
Commissioner Alonso: Yes, I'd like to retain the discretion. I also want him
to come to us every year so that we can review and make a decision according
to what we decide here in this Commission, whether we want that person to stay
or we want someone else to take over. I want that to be very clear in legal
terms.
Mayor Suarez: That we don't have to pull the item or that it comes
automatically to us, right.
Commissioner Alonso: So we are not bound by problems, well, it wasn't what we
meant or what we understood and the museum can stay there forever taking over
and the contract with the cable company, it's not what we meant. We want this
time things to be clear enough so we all understand and it's the feeling of
this Commission the way it should be.
Mayor Suarez: And procedurally, that it comes before us that we don't have to
remember it.
Commissioner Alonso: Exactly.
Mayor Suarez: That it comes automatically, as an agenda item every - just
like any other term that expires. Just like any other...
Commissioner Plummer: All appointments are for a one year term. And then, at
the end of the time, that this Commission has a discretion.
Mayor Suarez: The term expires at the end of one year, period.
Mr. Fernandez: Now, Commissioner Alonso, so that I can continue to understand
your very clear intent in this, is this only something to be applicable to the
Sports and Exhibition Authority?
Commissioner Alonso: Not at all. No, no, no, no.
Mr. Fernandez: So, you would like for me to come back to you with an
ordinance in which we address this issue and amend in all significant
portions, all other ordinances that creates boards and authorities and make
that part of it.
Commissioner Alonso: I think that this Commission has said this for the
second time.
Commissioner De Yurre: This one supersedes everything.
Commissioner Alonso: At last Commission Meeting and this time again that we
couldn't agree more in this issue. So, do whatever it takes.
Mr. Fernandez: Would you listen to this language and see if this meets your
intent? This would be an ordinance concerning the term any City Commissioner
may serve as a member of any board or committee created by resolution or
ordinance, providing that each such appointment of a Commissioner in such
boards or committees be subject to annual review, further directing the City
Manager and the City Clerk to take certain action in regard to the
implementation of this ordinance.
Mr. Fernandez: Does that meet what you intend to do?
Commissioner Plummer: A review doesn't mean the same thing as the term
ending.
72 February 15, 1990
Commissioner De Yurre: Just put that the Commissioner or the member will
serve for a term of one year, one year term.
Commissioner Plummer: That doesn't necessarily mean that.
Mayor Suarez: Upon expiration of the one year term, the Commission shall
appoint...
Commissioner De Yurre: Shall review or whatever, be brought back before the
Commission for a reappointment.
Mr. Fernandez: I think that the concept of subject to review, Mayor., members
of the Commission, clearly states that. That means that you get to review
every year that's the obligation of the administration and the City Cluck to
bring it to you on such a timely basis that you would have time to consider
it.
Mayor Suarez: The only thing is we don't want the wording to imply the same
person gets reappointed. And that's the only thing you have to make sure you
put in the wording.
Mr. Fernandez: I understand then your intent. Is that...
Mayor Suarez: And we also don't want to preclude the same person being
reappointed.
Mr. Fernandez: OK, so the...
Mayor Suarez: You come up with the wording, that's what we pay you to do.
Mr. Fernandez: All righty. I certainly will, so...
Commissioner Alonso: And maybe we should say, rotational, and say, but it
will not preclude the reappointment of...
Mr. Fernandez: We shall incorporate that.
Mayor Suarez: Yes, you know how you can do it? You can say the intent...
Commissioner Alonso: It's easy, I just see it easier, I don't know from the
legal points, that's your end.
Mr. Fernandez: Correct. When would you like that ordinance?
Mayor Suarez: Right. One way to do that is to say the intent is generally to
rotate, but it's not to preclude the reappointment, if the Commission so sees
fit. That helps.
Commissioner Alonso: Yes, if we could, why not?
Mayor Suarez: The idea is to try to do it today, right?
Commissioner De Yurre: Sure.
Mayor Suarez: On a .first reading, at least. OK, anything else on the
authority?
Commissioner Dos Yurre: I'll move that.
Mr. Fernandez: Yes, Mr. Mayor.
Mayor Suarez: Yes?
Commissioner De Yurre: And if we want to make a motion, I'll move that.
Mr. Fernandez: A point of order.
Mayor Suarez: So moved.
Mr. Fernandez: I have just gotten some corroboration for my position that the
word "ex officio" must appear in this. There is an attorney general's opinion
that mandates that the word, ex officio, has to be used, otherwise, it would
give rise to a conflict, constitutional conflict, and dual office holding.
79 February 15, � 999
�_ J
Mayor Suarez: Serving two offices. Ex officio, but we understand...
Mr. Fernandez: Voting. That it would be voting.
Mayor Suarers OK, with voting powers.
Mr. Fernandez: Yes.
Mayor Suarez: All right, anybody have any problem with that? All right.
Commissioner Plummer: All I asked for was clarification.
Mayor Suarez: Right.
Commissioner De Yurre: OK, well I moved the concept on first reading.
Vice Mayor Dawkins: Second.
Mayor Suarez: So moved and seconded.
Commissioner Plummer: I'd like to make one amendment.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummers If it will pass. That the City Commission retains the =
right to approve the CEO. I'd like that by a four...
Mayor Suarez: Oh, I thought we had that built in.
Commissioner Plummers ...by a 4/5ths vote. I'd like to amend it to.
Commissioner De Yurre: What are we talking about now?
Vice Mayor Dawkins: By 4/5ths?
Commissioner Plummer: Four -fifths vote.
Commissioner De Yurre: What are you talking about now?
Mayor Suarez: The CEO, the executive director.
Vice Mayor Dawkins: Director.
Commissioner Plummer: The City Commission reserves the right to...
Commissioner De Yurre: The what? No, we're voting first on the...
Commissioner Plummer: No, that's part of here.
Commissioner Alonso: Yes, but we...
Commissioner De Yurre: Well, no, we have a separate motion, J.L...
Commissioner Alonso: Separate motion.
Commissioner De Yurre: ...that deals with all...
Commissioner Plummer: Subject to approval by the City Commission, but I want
to amend it by a 4/5ths vote.
Commissioner Be Yurre: But what are you reading from?
Commissioner Alonso: Yes, but that's...
Commissioner Plummer: In other words, it would take four votes, not a simple
majority,
Commissioner De Yurre: J.L., we're talking about... what I've moved...
1
Commissioner Plummer: The CEO.
0 #1
ME
Commissioner De Yurre: Hold on. What I am moving right now is, as far as
members of this Commission serving on any board or authority, that it be
brought before the Commission annually.
Commissioner Plummer: Oh, I'm sorry. I thought we were voting on the agenda
item.
Commissioner De Yurre: No, no, not yet.
Commissioner Alonso: Not yet.
Commissioner De Yurre: So that's what I'm moving right now.
Mayor Suarez: OK, you want to subdivide the item and just vote on the
components of the structural change that you just stated?
Commissioner De Yurre: Sure, and that covers all of the boards and
authorities.
Mayor Suarez: All right.
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: As a point of order, if you would give me five minutes, I'm
right now perfecting the language for that...
Mayor Suarez: Thank you.
Mr. Fernandez: ...one so that I can come back to you with an ordinance for
first reading.
Commissioner De Yurre: OK, fine, OK...
Commissioner Plummer: May I ask one question for clarification? What are you
going to use, since it's going to be very broad in the amount of the boards as
an anniversary date?
Mayor Suarez: Anniversary from the date of the appointment.
Mr. Fernandez: Yes. That could be the standard.
Commissioner Plummer: From the day of appointment? That would be the first
appointment? OK, that's fine. Well I don't know that what you would want to
make them all effective on one day, which is like, for example, October lot,
or you want to do them on a staggered business. I mean, that's - I'm just
asking for clarification. There's been no discussion.
Commissioner Alonso: That's very pertinent because how do we go about the
rest of - we have a new one but what about the rest of the them?
Mayor Suarez: And I thought we were talking about the Commission member who
was going to be the chairman, not all the other...
Commissioner Alonso: We are talking about all of the boards.
Commissioner De Yurre: Why don't you do it a year from this date?
Commissioner Alonso: Yes.
Commissioner De Yurre: You know, some - unless you want some changes now to
some of the boards. Do we start from scratch now, say like today you've
been... whoever's on whatever boards been appointed now, for one year? And
we'll review it a year from now.
Commissioner Alonso: No.
Commissioner De Yurre: What do you want?
Commissioner Plummer: October let Is the fiscal year.
75
C
Commissioner Alonso: Why? Why October let?
Commissioner Plummer: It's fiscal year.
Commissioner De Yurre: Well, I'd like when we do the Vice Mayorship. That's
after November.
Commissioner Plummer: I'm just asking. There ought to he an anniversary
date.
Commissioner Alonso: I just wanted to see why you selected that date. That
makes sense to me.
Mr. Fernandez: The least complicated way would be the anniversary date of the
appointment to begin with. So, if someone gets appointed today, a year from
today, that appointment is up for your consideration. If someone was
appointed in August, that means, come August of 1990, that person would be up
again.
Mayor Suarez: We're talking about three different things, Commissioners.
We're talking about the Commission member who gets appointed to this board and
when that person is appointed and then reviewed, which we all understand to be
appointed immediately and reviewed a year from now. We're talking about the
terms of the rest of the members and as to the rest of the members, we have
another issue which is, are we saying that we are going to reappoint all new
members? If you're saying that, then we'd better be careful on how many
member...
Commissioner Plummer: Oh, wait a minute, are we speaking of the members of
the Sports Authority?
Mayor Suarez: That's what I keep hearing, maybe...
Commissioner Plummer: Oh, oh, oh....
Mr. Fernandez: No, no, we're only speaking of members of this Commission.
Commissioner Plummer: Members of this Commission. We're not speaking to the
agenda item now. We're speaking to a motion by De Yurre to rotate all
Commissioners on all boards on an annual basis.
Mayor Suarez: Oh, OK. All right.
Commissioner Alonso: Yes.
Mr. Fernandez: That's right.
Commissioner Alonso: Can we...
Mayor Suarez: Yes, it would have to be a year from the appointment.
Commissioner Alonso: Right...
Mr. Fernandez: Correct, the anniversary.
Commissioner Alonso: The anniversary and what is the anniversary in the
previous...
Commissioner Plummer.: Whatever day they were appointed. Their first
appointment.
Mr. Odio: There's none.
Commissioner Alonso: None? What do you mean, none?
Commissioner De Yurre: We may have five items next month because some of us
have been serving for more than a year on separate boards.
Mr. Fernandez: Correct.
Mayor Suarez: We should start from scratch at that point.
76 February 15, 1990
I
Commissioner Plummer: Well, I think if this passes, which I think it is, I
think what we're going to have to do is to establish first a list of all
boards that all Commission members serve on and when they were appointed to
that board the first time. And that will give us a clear picture.
Mr. Fernandez: Mr. Mayor...
Commissioner Alonso: Exactly, and we take it the next Commission meeting.
Mr. Fernandez: This is what's happening. If you pass this ordinance on first
reading today and on second reading in March, you would still need 30 days
before the ordinance becomes effective and so you should look to a date in May
or June, perhaps, beginning that date, then you would have, per your...
Mayor Suarez: Yes, whenever it's proper, but just make sure, as Commissioner
Plummer just stated, that you give us a complete list so that we know what we
have to anticipate thinking about what each one wants to serve and who you
want to vote for, etcetera. OK.
Commissioner De Yurre: That's my motion.
Mayor Suarez: So moved.
Mr. Fernandez: What date would that be? I need your guidance in establishing
a date in...
Mayor Suarez: As soon as you the ordinance goes into effect, then you can get
that list back to us in a way that we can act on it properly and legally.
There's no need to delay on it.
Mr. Fernandez: All righty.
Mayor Suarez: OK, we have a motion and a second. Any discussion? If not,
please call the roll.
Mr. Fernandez: Reading an ordinance. First reading. An ordinance...
Commissioner Plummer: No, we're not on the ordinance, we're on a motion.
Ms. Hirai: Just a motion.
Mayor Suarez: Yes, because he's got - he wants to talk about other aspects of
the ordinance.
Commissioner Alonso: He got the...
Commissioner Plummer: We're not on the ordinance.
Commissioner Alonso: Yes, we are. I this one, we are talking about the one
of Commissioner De Yurre?
Commissioner Plummer: De Yurre's is a motion.
Mayor Suarez: Elements of the ordinance still. Elements of the ordinance is
all we're on. Commissioner Plummer's right because he wants to subdivide some
other items that are in the ordinance to handle separately.
Mr. Fernandez:
No, no, I'm not on the ordinance that's on the packet right
now. I'm not
on the ordinance that constitutes item number four. I'm on an
ordinance that
following instructions of Commissioner Alonso at last meeting,
_
no vote was taken on it but she was very clear in instructing the Law
Department to
come back today with some sort of vehicle tentatively and then
that's what we have done. We have prepared a draft of something that, now
that you have
expressed your intent, I'm telling you that it could be read on
first reading.
=
Mayor Suarez:
OK, your understanding the motion then to not apply to the
actual composition
of the Sports Authority with the exception of the
appointment of
the City Commission to that.
Mr. Fernandez:
That's correct. OK.
77 February 15, 1990
Commissioner Plummer: As an ordinance, I demand a copy be placed in front of
me. I have no copy.
Mr. Fernandez: All right.
Commissioner Plummer: And members of the public.
Mayor Suarez: Are you invoking the rule on that?
_ Commissioner Plummers I'm just saying, don't you all want to see what the
hell we're voting on?
Commissioner De Yurre: Well, he's got to read it, see how it sounds.
Commissioner Plummer: But the law says that you shall have an ordinance in
front of the City - this is not a motion now or a resolution - this is an
ordinance. Ordinance shall be placed in front of the City Commission and
copies made available to the public. Is that the rule?
-t
Mr. Fernandez: Yes, it is. -
Commissioner Plummer: And you're ready to proceed to take a vote without that =
_! being made available?
Mr. Fernandez: I am proceeding to implement the wishes of this Commission.
Commissioner Plummer: Excuse me. The law is the law.
Mayor Suarez: Is it the law or is it...
Commissioner Plummer: And you're the legal interpreter of the law and you're
ready to take and perform an ordinance before this Commission that has not
been made available to the public or this Commission which is the law.
Mayor Suarez: Commissioner, that's why I asked if you were invoking the rule
because...
Commissioner Plummer: No, I'm not invoking the rule, I'm asking that the law
be adhered to.
Mayor Suarez: But I'm not sure that's what he said. He said the rule, I
think he was referring to our parliamentary rules.
Commissioner Plummer: He's ready to read an ordinance. Am I correct? .
Mr. Fernandez: You're correct.
Commissioner Plummer: Is that ordinance as the law states, available to this
Commission and members of the public?
Mr. Fernandez: No, it isn't.
Commissioner Plummer: That's all.
Mr. Fernandez: But then, again, there is no legal requirement that on first
reading such ordinance be made in front of you. If it's the wish of three of
you that this item be considered today on first reading, it's proper and it's
legal. Now, whether, in fact, meets procedures that you have followed in the
past, that's another question.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: I can't answer that because I don't even know what it's
going to read.
Mr. Fernandez: It's another ordinance.
Mayor Suarez: It is a problem because the Commissioner properly points out
that under the code, he could say that he needs five days notice before we
vote on something.
Commissioner Plummer: No, let me ask this question...
78
Mr. Fernandez: And he's correct in that.
Mayor Suarez: No, he had an additional point now that he said which is that
if he hasn't even had it in front of him, he doesn't know whether he's had
proper notice.
Commissioner Plummer: A question.
Mayor Suarez: So that's a little tough.
Commissioner Plummer: Just for the future now. You're telling me that on
first reading, this Commission can circumvent copies of an ordinance before us
that have not been made available to the public or to this Commission. Whoa,
whoa, whoa... he's the attorney. That's what he just said. I want him to
state it again on the record.
Mayor Suarez: We've done it before, J. L. We've done many emergency...
Commissioner Plummer: I don't ever remember that happening where copy - we've
had ordinances that were not in advertising. I can remember those.
Mayor Suarez: Well, sometimes we've even created an ordinance during the span
of a day. Now...
Commissioner Plummer: But I thought and I could be wrong...
Mayor Suarez: We could table the item until you have a copy and have a chance
to look at it but I...
Commissioner Plummer: I thought the law was clear...
Mayor Suarez: ...or otherwise, you can invoke the rule.
Commissioner Plummer: I thought the law was clear that no ordinance could be
passed by this Commission that had not been made available to this Commission
or made available to the public. Now, you're saying...
Mr. Fernandez: Presented to you in writing.
Commissioner Plummer: ...that's not necessary.
Mr. Fernandez: No, no, you're correct. That is in essence correct.that it
has to be in writing in front of you. All that I'm telling you is that
because I did not understand the express wishes of this Commission, in A
particular like Commissioner Alonso has made it very clear, now I do. I have
been able to reduce that to writing over the - discussion of this item in the
last 15-20 minutes and I'm telling you that I have a title to an ordinance
that could be read on first reading if that is your wish.
Commissioner Plummer: Ah, that's not what you said.
Mr. Fernandez: I've restated myself then.
Commissioner Plummer: OK.
Mayor Suarez: I guess not what we've concluded if all of that is correct, is
that we have to have at least a title that we can read into the record that
adequately reflects what you understand to be the ordinance that would
eventually be in writing for our consideration. Now, Commissioner Plummer,
what do you want to do it? I think procedurally....
Commissioner Plummer: Let's hear what he's got to say. I mean, maybe he'll
repeat himself on this afterwards. I don't know.
Mayor Suarez: All right, maybe we'll understand what it is.
Commissioner Plummer: Go ahead and read what you got. I haven't...
THEREUPON, THE CITY ATTORNEY READ THE ORLINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY. (See label 7)
79 February 15, 1990
0
Mr. Fernandez: Does that meet the purpose and the intent of this Commission
in terms of you serving on other boards and committees?
Commissioner Plummer: I have no problem with it.
Mayor Suarez: OK?
Commissioner Plummer: Yes, I think that before we vote on it, I think that if
he'll make copies available to us and to the public, then we're in compliance
with the law.
Mayor Suarez: Why don't we do that? Why don't we do that? Tabled...
Commissioner Alonso: Sure.
Mr. Fernandez: That will be fine.
Mayor Suarez: ...understanding that we're ready to vote on the essence of it
and...
Commissioner Plummer: Now, that still does not address item four.
Commissioner De Yurre: Now, we go to item four.
Mayor Suarez: Exactly.
Commissioner Plummer: Or three. _
Commissioner De Yurre: We got four, we're working on four right now. Let's
-
not confuse the issue.
-
Mayor Suarez: We're established, Commissioner, that if you want to get a
favorable vote on four, you're going to have to talk about three,
Commissioner De Yurre: Well, we will, no question about that.
Mayor Suarez: Unless you want to try to go for a favorable vote on four =
-
without talking three. Maybe you can get it, I don't...
=
Commissioner De Yurre: Well, no, I want every - look, first of all, we have -
�_
to understand that we, this Commission, approves tho budget of the Sports
Authority. So, right then and there, we have the control over what happens
=
here. We must also understand that that is not our money. For example, you
—
know, like I mentioned last time, here we're trying to cut back and make
savings and we're promising positions to anybody that ousted from the Sports t:
Authority be given positions in the City of Miami, so what we're doing in now,
we're getting an additional cost to the taxpayers which we didn't have before
because they were being paid by the County. But, I want to get into the issue
of the members. It's been stated that there's no problem expanding the board
=
from 11 to 13. That the appointment by the Commission will serve in a voting
capacity. I have also heard that there is no problem with the autonomous
posture of the board. The board will recommend to the Commission the director
to be appointed. We'll recommend it for ratification by the Commission so the
Commission retains control pretty much we do with some of our other boards
when a director or a member, such as the Off Street Parking Authority, is
nominated that we are in a position to ratify it or not. That gives us
-
control again of whoever is going to be running the Authority. The autonomous
posture of the Sports Authority would be such that the director is responsive
tothe board and it would be the director that whenever there is an appearance
to be made before the Commission on behalf of the Sports Authority, he would
make it before this City Commission, which is pretty much...
Commissioner Plummer: I have two amendments to that.
-
Commissioner De Yurre: Go ahead.
Commissioner Plummer: The first amendment would be that the approval by this
Commission of the executive director would be by 4/5ths vote and then in page
two, section 52-6.5, "The director shall attend all meetings of the Authority
and shall furnish the Authority and City Commission a monthly report." It
doesn't mean that we act on it, but we get the same reports that the Authority
members get.
so February 15, 1990
Commissioner De Yurre: I got no problem with that as long as we apply it to
every other authority we have in the City because I don't see any difference
between one and another.
Commissioner Plummer: Well, what it does is, in effect, it keeps us all
informed of what's going on.
Commissioner De Yurre: Which is great, but let's do it for all authorities.
Commissioner Plummer: Which is great. And we can, or cannot read it, as we
wish.
Commissioner De Yurre: OK, but let's - if were going to just - the same thing
as we just voted on, which is the issue of the annual revolving door for
members, you know, whatever concept applies to the Sports Authority which are
good concepts, should apply to all authorities and all the boards that we're
dealing with.
Commissioner Plummer: That's fine.
Commissioner De Yurre: You know.
Commissioner Plummer: You know, I asked, just to give you an example, I asked
many, many years ago for monthly reports from the DDA and we got them for
three or four months and then suddenly we stopped getting them. The only
thing we get now is just a copy of the minutes.
Commissioner Alonso: Let's ask again.
Commissioner De Yurre: Now, do we have to create a separate resolution for
that concept to apply to all authorities?
Commissioner Alonso: Let's ask again.
Mr. Fernandez: If it is the intent of this City Commission to request that a
report be submitted to it, yes. You need to institutionalize that change.
Commissioner De Yurre: Do you want to move that, J.L.?
Commissioner Plummer: No, parking is not because there's no member of this
Commission on the Off Street Parking.
Mayor Suarez: Also, it's a charter created agency.
Commissioner Plummer: Basically, what we're talking about...
Commissioner De Yurre: We do approve their budget though.
Mayor Suarez: Yes.
Commissioner Plummer: Of the Off Street Parking.
Commissioner Do Yurre: Sure.
Commissioner Alonso: Yes.
Mayor Suarez: We can impose a requirement on any authority that we have any
power over their budget to have a monthly report. By the way, have you been
getting the minutes of the DDA, you're getting more than a monthly financial
report. You're getting an actual financial statement. There's a financial
statement in every...
Commissioner Plummer: Attached.
Mayor Suarez: ...monthly report. It's a pain in the neck to go through every
month, but you...
Mr. Fernandez: Same thing with the Department of Off Street Parking.
Mayor Suarez: Yes, a financial statement, not just a monthly income and
expense report, but actually a financial staterent.
81 February 15, logo
4t '
Commissioner Plummer: You know, I really don't think we're talking about that
many boards.
Mayor Suarez: I don't think there's that many either.
Commissioner Plummer: I just don't see it. Well, that's authorities. Now,
we're talking about all boards that we just voted on.
Mayor Suarez: And trusts, I think is the idea.
Commissioner De Yurre: Well, the Bayfront Trust, that's one that we would
like to have as much information as possible.
Commissioner Plummer: Boy, you can have all you want.
Mayor Suarez: I have a feeling we're going to be swamped with paperwork.
But, anyhow, if that's what the desire is, why not?
Commissioner Plummier: Wait till you see the latest.
Mayor Suarez: OK, now, on autonomy, what does this Commission understand for
that to mean in the area of budgeting? Now, so far, I think the way we've
handled both the Sports & Exhibition Authority and the DDA and maybe others,
maybe even the Off Street Parking Authority, although they have more autonomy
by virtue of a charter provision, is that they have to have their budgets
approved and they cannot make any line item changes or cumulative line item
changes that exceed a certain amount, $5,000, let's say, I think as to all
three of those, we've imposed the same requirement.
Commissioner Plummer: There's one other provision, Mr. Mayor.
Mayor Suarez: One other one?
Commissioner Plummer: Yes, and that is that the Off Street Parking, they are
mandated to supply three names. We cannot proffer names to them.
Mayor Suarez: Yes. But I'm thinking of budgeting, I'm thinking of budgeting.
Commissioner Plummer: If we reject the three names that they subject, then
they go back and give us three more names, but we cannot proffer names.
Mayor Suarez: And that's because, also, they are a charter created agency
that has to be...
Commissioner Plummer: That's correct.
Mayor Suarez: ...the charter has to be amended. But, on budgeting, the thing that concerns me, Commissioner De Yurre, on this, is that we initially, at
least, in view of the resignation of the executive director, we initially, at
least, in effect right now, and this is what we asked the Manager to recommend
to us, on review and modify the present budget of the Authority and, in my
particular case, for my vote, review it by streamlining it substantially.
Commissioner Plummer: Yes, sir.
Mayor Suarez: And, if not, if we're not willing to do that and if we're not
willing to include that ability to do that today, in creating this new
autonomy for the agency, then I will not vote for that new autonomy because I
want to make sure that we retain the ability...
Commissioner De Yurre: Let me understand...
Mayor Suarez: ...right now, as we create the new structure, to reduce the
budget, to what I would call just about bare bones, I mean.
Commissioner De Yurre: Well, you've got that ability because we review the
budget every year.
Mayor Suarez: No, but I want to do it right now in the creation of the
Authority.
82 Februsry 15, 1990
e
Commissioner De Yurre: Well, let's understand...
Commissioner Plummer: Well, whoa, whoa, let me tell you the danger there.
The danger is what happened in the history, OK? And that was that the Sports
Authority, on its own, gave beautiful gorgeous raises to everybody in the
middle of the year.. Then, so designed that they not only gave a $10,000 raise -
to the director...
Commissioner De Yurre: Bonus, it was a bonus.
Commissioner Plummer: ...but that it was included when he got the 5 percent
increment at the budget time. So he got, in effect, 15 percent without the
approval of the budget.
Commissioner De Yurre: Well, where did that money come from if it wasn't
approved by the Commission?
Commissioner Plummer: That's what we're going to talk about in item three.
The biggest problem the Sports Authority has is they can't find enough places
to spend money.
Mayor Suarez: So, my question is, for my vote, are you understanding that we
can review, in fact, will review, in the creation of autonomy for the
Authority, the present budget and adjust it as we deem proper right now.
Commissioner De Yurre: Well, I think that... -
Mayor Suarez: With the creation of the new ordinance.
Commission De Yurre: I think that if we're going to do it, it should go on an
annual basis. First of all, I'd like to understand your concept of savings,
because right now, you know, and we talked about it last time, I just
mentioned it a moment ago, based on what we're doing - first of all, it's not
the City's money, it's not the City of Miami taxpayers' money that we're
talking about right now.
Mayor Suarez: I understand it to be the City's money and to be the City of
Miami taxpayers' money.
Commissioner De Yurre: Where do you get that?
Commissioner Plummer: I, likewise.
Mayor Suarez: What do you mean, where do I get that?
Commissioner De Yurre: Well, that comes from the County. The County will
retain...
Mayor Suarez: The money is collected from a bed tax imposed on hotels in the
City of Miami and the County, and divided in accordance with a formula that
was passed by State law. To me, that's City of Miami money.
Commissioner De Yurre: How many of the people do you think that rent the
motel and for regular reasons...
Mayor Suarez: Well, I think a lot of the people who pay it are people that
come in from the outside, yes.
Commissioner A,lonno: That's a question you should not ask on the record.
Commissioner De Yurre: You know, you know, so...
Commissioner Plummer: Let me throw one out for you. Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Commissioner Plummer: You are somewhat familiar with the ways that %.he money
of the Sports Authority can be used.
Mr. Fernandez: Yes.
83 February 15, 1990
Commissioner Plummer: It can be used for bonding and multiplying effect for
any activity relating to sports.
Mr. Fernandeza Correct.
Commissioner Plummer: Could that be, in effect, used for the improvements to
the Orange Bowl?
Mr. Fernandez: To the extent that it's a sports facility.
-- Commissioner Plummert If that's not, what the hell is it? I mean...
Mr. Odiot Excuse me...
Mayor Suarez: I guess occasionally they do other things. They have the...
Mr. Odio: No, no, no, for the...
-71
Commissioner Plummer: What I'm saying is, it is our money. OK?
Mayor Suarez: It sure is.
Mr. Odio: Excuse me, Commissioner, there is a caveat on this is that the
County...
Commissioner Plummer: Oh, they would have to approve it.
Mr. Odio: ...has to approve any expenditures of the money.
Mayor Suarez: Yes, but it...
Commissioner Plummer: But, that money could be used for the improvements to
the Orange Bowl.
Mr. Odio: If the County approved.
Mayor Suarez: Now, you might not get three votes here to use it for that
but...
Commissioner Plummer: I didn't say that. Didn't say that. OK? So, what I'm
saying is, if that were to be three votes, it would relieve the taxpayers of
the bonds that would be needed to float that kind of a situation. Could be
City money.
Commissioner De Yurre: But most of the money that's going to be used for the
Orange Bowl, where is that money going to come from?
Commissioner Plummer: What money? From the Sports Authority.
Commissioner De Yurre: For the renovation.
Commissioner Plummer: From the surpluses they have.
Commissioner De Yurre: For the renovation of the Orange Bowl right now.
Mayor Suarez: Oh, as of now, the plan presented by the Manager has been that
they would all come from the surcharge on the Orange Bowl itself.
_ - Mr. Odio: The money for the Orange Bowl renovation comes from the seat charge
that the users will pay.
Commissioner Plummer: Surcharge.
Mr. Odio: Seat charge...
Commissioner De Yurre: So it'a not general fund money.
Commissioner Plummer: No.
Mr. Odio: No, no, it comes from the users of the Orange Bowl.
Commissioner Alonso: No.
84 February la, 1900
Commissioner Plummer: Right now.
Mayor Suarez: Now, if lie changes that, then there may never be improvements
to the Orange Bowl.
Mr. Odio: No, no, he can't...
Commissioner Plummer: If he changes that...
Mayor Suarez: At least for this vote.
Mr. Odio: He cannot change.
Commissioner Plunner: No, he changes that, we change managers.
Mr. Odio: He cannot change because the way we borrow the money is tied to the
revenues from the seat charge.
Mayor Suarez: OK, so. You have any problem, Commissioner De Yurre, with the
concept that the budget, initial budget will be approved by this Commission
and modified to the extent that we deem proper, right off the bat, not just
review it at the end of the fiscal year.
Commissioner De Yurre: Well, you see, I have a problem because I have to
understand the proposed changes that are talking about minimizing these
positions. And, you know, and it surprises...
Mr. Odio: If I...
Commissioner De Yurre: ...hold it, hold it, hold it. It surprises me to a
pretty great degree the fact that you're taking this position when you're one
of the main advocates for getting major league baseball down here, getting...
Mayor Suarez: I am?
Commissioner De Yurre: ...professional hockey down here and, you know, to do
that kind of thing...
Mayor Suarez: I've not spoken too much about professional hockey, but I sure
have about major league baseball.
Commissioner De Yurre: It provides, you know, you have the cost incurred.
Mr. Odio: I might be able to contribute because going over the Sports
Authority's goals and objectives for next year, I truly believe that the
marketing strategy - Sports Authority has now gone from ..the phase of
construction to the marketing areas.
Mayor Suarez: Yes, there's no major project being built by the Authority now.
It's more marketing future projects and...
Mr. Odio: It's marketing future projects.
Commissioner De Yurre: And one of the positions that they wanted to get rid
of was the marketing director.
-
Mr. Odio: No, because the...
Commissioner De Yurre: Yes.
Mr. Odio: ...yes, I know, but the bottom line is that the budget - you're
talking about dollar savings and you can readjust their recommendation and
still keep four people and still address the marketing issue by leaving the
marketing director, as long as you have four people.
-`
Commissioner Plummer: Wait a minute, whoal
Mayor Suarez: In fact, I'd hops that in the process of budgeting, we would
also take into account Vice Mayor Dawkins' suggestion that there be some
blacks as part of the Authority too. I mean, you don't just sort of...
$� February I.S., 1990
Commissioner Plummer: Mr. Manager...
Mr. Fernandez: Mr. Mayor...
Commissioner Plummer: ...in your recommendations, sir, you make definite
recommendations, one, two, three and four.
Mr. Odio: I just said...
Commissioner Plummer: One director, two comptroller, three administrative
assistant, and four secretary -receptionist.
Mr. Odin: But, Commissioner, you're looking for a bottom line savings, what
I'm saying is, in...
Commissioner Plummer: You're damn right I am.
_ Mr. Odio: Well, listen to me for a second. If you can obtain the same
dollars, instead of an administrative assistant or whatever you want to call -
it, you have a marketing man or person to address the marketing issues of the
Authority so they - the savings will be the same, what I'm saying is, you have
to be fluid... -
Commissioner Plummer: Is that the administrative assistant? -
Mr. Odio: Right now, they only have four people there. -
Commissioner Plummer: And that's what you're recommending as all that they
read.
Mr. Odio: Four point six.
Commissioner Plummers No, no, no.
Mr. Odio: I said, four point six. It's a part time person.
Commissioner Plummer: Mr. Manager, you are in a memo telling us that you feel
that it can be reduced by a hundred and twenty-six thousand.
Mr. Odio: Four people. That we keep four people...
Commissioner Plummer: That's what I'm saying.
Mr. Odio: ...and I stay with that, but the...
Mayor Suarez: Yes, instead of the fractional amounts, I like the way the
Commissioner Plummer's heading. What amount for salaries are we talking
about, that you're recommending?
Mr. Odio: Well, let me project this.
Commissioner Plummer: He didn't, he said savings.
Mr. Odio: If we leave the Authority until...
Mayor Suarez: Or savings, or savings from the prior salaries.
Commissioner Plummer: But I want to talk to the reduction of the amount of
money paid to the executive director.
Mr. Odio: Excuse me one second. If we leave the Authority...
Commissioner Plummers Very definitely.
Mr. Odio: If we leave the authority as it now stands, like right now, the
savings for this year would be $175,000.
Mayor Suarez: And the reason for that is that not only did the executive
director resign, but we had another firing or dismissal.
Mr. Odio: When we didn't fill, the deputy director and somebody also left.
86
Commissioner Plunner: I move wo leave it as it is right now. We're saving
_ $175,000.
Mr. Odio: For this year. Now, you have to address the question that when you
hired a director, if they so choose...
Commissioner Plummert And at what price and what benefits?
Mr. Odio: You have to decide that, that's...
-� Commissioner Plummer: But, OK, then you are completely - if I understand this
raemo that you're now modifying, you're saying that there is no deputy
director.
Mr. Odio: Yes, air.
Commissioner Plummer: OK, that's what I wanted to understand.
— Mayor Suarez: Mr. Plummer, are you suggesting that you would not vote in
favor or are you trying to feel out the commission as I am, as to how much
more manpower. For example, would you be disposed to agree to the appointment
of a new director or executive director so long as you retain, by later vote, the ability to specify the maximum salary?
Commissioner Plummert What I am saying is this, Mr. Mayor, because I remember
what happened the year before. They gave $40,000 of bonuses in mid -year.
What I'm saying is, that no bonuses or increase in pay could be given except
as provided for in the budget or by approval of this Commission.
Mayor Suarez: A hundred percent agreement with that.
Commissioner Plummer: OK? That would preclude what they did before.
Mayor Suarez: What about the overall budget? Would you, at this moment,
indicate to the Authority or even approve for the Authority's determination,
of who actually fills the seats, a budget exactly as it is now with four
people or would you agree that they need a higher level executive director and
I don't mean to say that in a derogatory way, but, perhaps, someone that has
got more experience and perhaps better qualifications than...
Commissioner Plummert I agree with the Manager's memo of four positions.
Mayor Suarez: Well, he's really saying four point six, and that really
isn't...
Commissioner Plummer: Well, no, sir, he doesn't. If you read the memo...
Mr. Odio: Yes, I do.
Commissioner Plummer: Excuse me, sir. This is the English language. One,
director. Two, comptroller. Three, administrative assistant. And, four,
secretary -receptionist.
Mr. Odio: And a part time person which is the point six, which I'd like to
keep...
Commissioner Plummer: Where is point six?
Mr. Odio: Don't remember, we had a...
Commissioner, Plummer: Where is it? It's not in the...
Mr. Odio: And in addition to it...
Commissioner Alonsot The part time clerical assistant.
Commissioner Plummer: Yes. A director, I agree with. A comptroller I agree
with. An administrative assistant can be that as well as a marketing
director.
Mr. Odiot I want to make sure we stay on the marketing issues.
87 February 15, 1990'
Commissioner Plummer: And a secretary -receptionist. But the point that I
find in my craw is the fact that they gave $40, 000 worth of bonuses in mid-
= year.
Mayor Suarez: Well, we're agreed that they...
Commissioner Plummer: And then five percent on top of that when they got
- their increment raises.
Mayor Suarez: We're agreed that they cannot do that in the future and they
would be giving us the monthly reports we referred to before and they would
not be able to change any salaries or line item budgeting items in excess of
$5,000. I mean, there's every possible constraint on that so I don't think
there's any problem on that. That's a very well made point.
Commissioner Plummer: I thought it was too until they did it.
Commissioner De Yurre: Wait now, when are we going to have our' industrial,
quote, unquote engineers going to the DDA and reviewing the positions they
there? I mean like, you know, we're harping in three positions here where we,
you know, a hundred and ninety some thous... you know, a $196,000,000 and
we're harping on three positions. Now, if we're going to do it for the sports
authority, we're going.to do it for the DDA. What's good for the goose is
good for the gander. Well, let's do it.
Commissioner Plummer: Let's do it.
Commissioner Alonso: Let's do it.
Commissioner. De Yurre: You know.
Commissioner Plummer: Let's dc, it.
Mayor Suarez: You're welcome to do it for the DDA. I do want to clarify that
the DDA is a...
Commissioner Plummer: You know my love for the DDA.
Commission Alonso: Me too.
Commissioner Plummer: They've been sitting up in that penthouse for years.
Mayor Suarez: Special independent taxing district which has to be approved by
the people of that area to be taxed more than anybody else.
Commissioner De Yurre: Which we approve its budget.
Mayor Suarez: Anyhow, you're welcome to do that, I mean, it's...
Commissioner De Yurre: Well, I mean, like, hey...
Commissioner Alonso: How do we create these monsters that we cannot get rid
of them?
Vice Mayor Dawkins: What are we preparing to vote on?
Mayor Suarez: Commissioners, let's agree on what we think is an adequate
level of manpower for this Authority.
Vice Mayor Dawkins: That's what we agree on.
Mayor Suarez: Yes.
Commissioner Plummer: OK, you have my opinion. The four members and I would
hope that the administrative assistant - was that what you called it? -would
be, in fact, an assistant and marketing director. That's my opinion. That's
four.
Vice Mayor Dawkins: OK I vote for two, a marketing and an assistant director.
Mayor Suarez: You'd like to have an assistant director and a marketing
director in addition to the director or executive director.
88 February 15, 4990
Vice Mayor Dawkins: No.
Commissioner Plummer: No.
Vice Mayor Dawkins: No, I'm not. I say, T-W-O.
Mayor Suarez: How would you describe the function?
Vice Mayor Dawkins: I don't care how they function. I'm telling you what
I...
Mayor Suarez: Because we've got a total of 4 employees already and I...
Commissioner Plummer: He's talking about a total of two.
Commissioner Alonso: Two.
Vice Mayor Dawkins: That's just what I'm talking about.
Mayor Suarez: In the entire Authority, two individuals.
Commissioner Alonso: He's talking about...
Mayor Suarez: No receptionist, no secretary...
Commissioner Plummert No, that's what he's talking about.
Vice Mayor Suarez: If somebody can explain it in Spanish, please do so.
Commissioner Plummer: You get one more vote...
Mayor Suarez: OK, we're down to two employees for the Authority, if that
particular motion passes.
Commissioner De Yurre: I like...
Commissioner Plummer: Where are you? Three?
Commissioner De Yurre: ...Mr. Odio, who is the one that - who was in charge
of this study?
Mayor Suarez: Yes, three going once.
Commissioner De Yurre: Frank, gust so I can understand...
Mr. Frank May: Yes, sir.
Commissioner De Yurre: ...what was done there, can you please explain to me
the scope, the goals and objectives of the Sports Authority? - Sports &
Exhibition Authority.
Mr. May: Well, I think I clarified that in my memo, sir.
Commissioner Plummer: While he's looking for that, let me just state for the
record, what I've said before. I wholeheartedly concur that when that
facility was being put together financially and being built, that the staff
that they presently have, each and everyone, were needed, everyone of them.
No question; building a $50,000,000 facility. Today, it is my opinion that
the Sports Authority is primarily administrative. They no longer have to
worry about building a facility, they no longer have to worry about financial
plans. That's all done. Today you've got - what's the name of that
company? -Decoma.
Vice Mayor Dawkins: Leisure something.
Mr. May : Decoma.
Mr. Odio: Decoma.
Commissioner Plummer: Tecoma. Tecoma are the administrative and what are we
paying them?-$275,000 a year to manage that facility.
Mail" is 1I
Mayor Suarez: I think Vice Mayor Dawkins is correct that they are actually
- F-
Leisure Management, LMI. -
Commissioner Plummer: OK, whichever the name of it is, we're paying someone =_
$275,000 to manage the facility. We're having to put in a million - how much
for expenses every year? A million, seven. _
Mr. Odio: No, we have used in two years, a million from the reserves to cover
the loss, a million five.
Commissioner Plummer: No, no, I'm talking about maintenance and operation.
Mr. Odio: How much is that? _
Commissioner De Yurre: You ready?
Mr. May: Yes, sir.
Commissioner Plummer: Yes, plus it goes up 5 percent every year. Correct?
Mr. Odio: Yes, we put in five hundred thousand and we get money back.
Commissioner Plummer: Well, wait a minute, wait a minute, now, everybody's
talking. Does not that figure go up five percent every year? It does not.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: The figure of maintenance and operation for the Tecoma —_
to operate the facility. It goes up five percent every year. OK? Now, why =
did you say no before? _
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: You know what only - the only...
Mayor Suarez: OK, we've got to get you on the record. I'm sorry,
Commissioner.
Ms. Hirai: We need the statement on the record.
Commissioner Plummer: Wait a minute, now, whoa, whoa, you know the facility -
the only part of that facility that goes up five percent a year...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: I mean, don't play semantics with me now.
Mayor Suarez:.. Well, we've got to get her on the mike, otherwise...
Commissioner De Yurre: Well, hold it, J. L., can we go back? He found the
information that he wantod. Can we take care of my line of questioning?
Commissioner Plwmmer: OK, well I'm just saying that that's what was my
opinion that today I don't know that Dawkins is wrong talking with a total of
two.
Commissioner De Yurre: OK, Mr. May, you're on.
Mr. May: Their initial Commission statement was to facilitate and promote
activities...
Commissioner De Yurre: Today, today. What is it today?
Mr. May: This is in their FY 190 budget, air.
Commissioner De Yurre: It's in what? No, I'm asking...
Mr. May: In their FY 190 budget.
Commissioner De Yurre: Go ahead.
90 Februarys, 149Q
Mayor Suarez: Right now, today, whatever the date is.
Mr. Mayt To facilitate and promote activities, improvements, infrastructure
necessary to expand and attract conventions, exhibition and tourism related
activitie0, professional, international sports, as well as other events and
programs which will contribute to economic and social growth in the City of
Miami.
Commissioner De Yurre: OK, who did you interview when you went to the Sports
Authority?
Mr. May: We interviewed all the staff, air.
Commissioner De Yurres
did you interview?
Mr. Mays None.
OK, how many of the members of the Sports Authorit
Commissioner De Yurre- Why not?
Mr. May: Because we were just asked to do a staffing review of thos
individuals in place.
Commissioner De Yurre: And don't you think that the members of the Sport
Authority, which pretty much dictate the policy for the Sports & Exhibitio
Authority, would be people you'd like to go to, to... no, I want him t
answer. OK.
Mr. Odio: No.
e
tam
Y
y
_
s
n -
0
Commissioner De Yurre: Well, no, I want one of them - is he here to answer or -
not?
Mr. Odio: He cannot answer that question because I tell you why, I have met =
with the chairman of the Authority, George Knox...
Commissioner De Yurre: Uh huh.
Mr. Adios ...and that's when I said that they were right in that the
marketing strategy is needed. And I'm changing my recommendation.
Commissioner De Yurre: OK, but that was not he time that he went to do the
report.
Mr. Odio: All he was told was to go in there and find out the workload and
see how many people are needed.
Commissioner De Yurre: So, really, the bottom line is that his report is
meaningless because it wasn't done properly. You've changed it already.
Commissioner Plummers Did you do a job classification?
Mr. May: Beg your pardon, air?
Commissioner Plummer: Did you do a job classification?
Mr. May: We interviewed all the staff to find out essentially...
Commissioner Plummer: Did you do a job classification as we commonly know it
in the City of Miami?
Mr. May: Ytis, air.
Commissioner Plusmner: And what recommended salary did you come out with?
Mr. Mays Well, I don't do pay studies, sir.
Commissioner Plummer: Well, that's job classification.
Mr. May: No.
Commissioner Plummer: It's the authority...
91 February 15, 1990
Mr. Odio: They're not City employees, Commissioner. They're not City
employees.
Commissioner Plummer: I understand that, that's why I asked, as we know it in
the City of Miami.
Mr. Odio: We did not do a job study, as far as the salary is concerned.
Mayor Suarez: In that sense. All right...
Commissioner Plummer: OK, you know my point. My point is that you are
paying, right now, within a few thousand dollars, and I'm saying two or
three - you are paying that executive director as much as we pay a City
Manager who has in excess of a $200,000,000 budget. The Sports Authority has
a $5,000,000 budget. The Manager has 4,400 cr four thousand employees. We're
maybe down to two and you're paying an executive director of that Authority
the same amount of money? It is ludicrous)
Mayor Suarez: Is there any recommendation in your report as to that?
Commissioner Plummer: That's why I'm asking, did they do a classification?
Mayor Suarez: Is there any recommendation as to salary levels, Mr. Manager in
your report?
Mr. Odio: We recommended that the level of - the director would be between
fifty-two and sixty-five..
Mayor Suarez: OK, that answers that. Vice Mayor Dawkins.
Commissioner De Yurre: Well, can I wrap up my point?
Mayor Suarez: Yes, go ahead, Commissioner, I'm sorry.
Commissioner De Yurre: Can you tell me what the... I imagine you understand
there are certain goals that are set for this year that the Authority has set
out in order to come up with your determination of how many people you needed.
Mr. May: Commissioner, that is correct. But one of the things that I found
In my study is that those employees that we interviewed could not specifically
tell me what they were going to be doing for the next fiscal year.
Commissioner De Yurre: OK, well then, obviously, didn't you decide at that
point in time that maybe you didn't have the proper information to make the
determination that needed to be made?
Mr. May: Commissioner De Yurre, I was speaking to those individuals that were
actively conducting those jobs. That's the only resource that we had and they
could not tell me what they were doing.
Mayor Suarez: Well, no, he did point out that it would have been intelligent
to poll the members of the Authority that has been operating, you just...
Commissioner De Yurre: You're telling me then, you have no idea that the
Authority is trying to push major league baseball in South Florida? You don't
know that. You don't know that the Authority is trying to push major league
hockey in South Florida. You don't know that the Authority is trying to bring
Wayne Gretsky and the L.A. Kings to play the New York Rangers in September at
the Arena. You don't know that the Authority is trying to buy the equipment
for icing that is needed so we can have major league hockey played at the
Arena. Do you know those facts or not?
Mr. May: Commissioner, I'm aware of all those details but I think the bottom
line is that we recommended a marketing services contract to conduct those
activities in a very specific manner.
Commissioner Plummer: Exactly.
v
Commissioner Plummer: Yes.
Mr. Map: My recommendation is in the report, sir.
Commissioner Plummert In the same way the Authority got a consultant to do
the search and design for a baseball stadium in defiance of a referendum of the people of this community who said they wouldn't tax themselves. E=
Mayor Suarez: No, but that was... -_
Commissioner Plummer: That's a $200,000 contract.
-- Mayor Suarez: But that was a stadium to be financed solely and exclusively by
City of Miami residents. This is the stadium which, hopefully, would be =
located in the City, and to which would contribute state funding, County and
- the whole world. I mean, that's...
Commissioner Plummer: Did you see Miami Today? I think you ought to read it. -
The state has already said that they will not, if this article is correct,
they won't even help the performing arts. Do you think they're going to help
baseball?
Mayor Suarez: Yes, that's because they kind of haven't designed it to include
a educational facility as they should have and related to Miami -Dade Community -_
-= College so they could come under PICO funding. Vice Mayor... If the right
governor is elected, we're going to get what we want. Vice Mayor Dawkins.
Commissioner Plummer: The right governor for South Florida. -
Commissioner Alonso: What do you mean by that, Mayor?
Mayor Suarez: I'm not specifying at this point. Let me reiterate.
Commissioner Plummer: Is that an announcement?
Vice Mayor Dawkins: Mr. Mayor...
Mayor Suarez: I'm not even specifying as to political party. Vice Mayor -
Dawkins. -
Commissioner Alonso: My goodnessl
Vice Mayor Dawkinst Mr. May.
Mr. May: Yes, sir.
Vice Mayor Dawkins: Did I understand you to say that you did not talk with
any of the employees to determine what they were doing and if their jobs
overlapped so that you could, before you recommended, what jobs be eliminated?
Mr. May: No, sir, that is incorrect.
Vice Mayor Dawkins: OK...
Mr. May: We interviewed every employee there and determined exactly. and
specifically what they did, air.
Vice Mayor Dawkins: You did do that?
Mr. May: Yes, sir.
Mr. Odio: What he did not do, Commissioner, is he did not meet with the
members of .the board of the Authority.
Vice Mayor Dawkins: They had no... but I was under the impression he say he
did not meet with the employees.
Mr. May: No, sir.
Mr. Odio: And I want to clarify, he had no business meeting the board
members.
93 February 15, 199Q
Mr. May: Right.
Mr. Odio: I - you know, so...
Vice Mayor Dawkins: Mr. Manager, my question was relating to employees.
Mr. Odio: He did meet with everyone of them.
Vice Mayor Dawkins: That's all, OK. I'm finished.
Commissioner De Yurre: No further questions.
Mayor Suarez: Anything further from the Commission before we try to...
Commissioner Plummer: Well, you were polling each one of us as to our
thoughts. Dawkins and I expressed our thoughts and I think we ought to hear
from you, Miriam, and Victor as to the number of employees.
Commissioner De Yurre: Well, you've expressed so many thoughts that....
Commissioner Plummer: No, I've expressed mine four, that was simple.
Mayor Suarez: your including an executive director with a salary as described
in...
Commissioner Plummer: your. Yes, sir.
Mayor Suarez: ...including an executive director with a salary in the fifty- _
two to sixty-five range. _
Commissioner Plummer: If it were be towards the fifty-two, with raises of
—
incentives to do a better job, I could go along with fifty-two. Yes, sir.
Mayor Suarez: OK, I have no problem with that concept. Anyone else, -
-
Commissioners, before we try to put this to a vote?
�<
Commissioner De Yurre: Well, I think you have to have a little bit more
discretion. It depends on the type of individual that may come and apply for
--
the job. You know, some people are going to apply that are a lot more
-_
qualified than others...
Mayor Suarez: Yes, I would leave the range of fifty-two to sixty-five myself.
But I would not be prepared to approve anything over sixty-five, that's for
=
sure.
Vice Mayor Dawkins: Are we discussing salaries or persons?
—
Commissioner Plummer: Both.
Mayor Suarez: The job description and the salary range is the only way I can
think of describing what an executive director would do. Commissioner Alonso
has been wanting to be heard on...
Commissioner Alonso: I think four individuals I think I will be inclined to
vote. When it comes to the executive director position, I think that probably
—_
fifty-two, sixty-five, that was mentioned, it sounds to me reasonable. I'll
be inclined to vote for that.
Commissioner De Yurre: Plus whatever benefits are usually accorded.
Commissioner Alonso: Yes, sure.
Mayor Suarez: Yes, in addition to the usual benefits.
Commissioner Plummer: The perks, of course. Those go without saying.
�
Commission Alonso: Yes, sure, yes.
Mayor Suarez: Now, Mr. Mayor, I assume you don't want to comment at this
particular time. I'm hopeful, air, that we are going to ga in to the other
aspects of this financial statement. That we're not going to drop it because,
:.
as you know, I had come serious problems in the other areas. In the area of,.
FK
for example, why $15,000 a year for telephones.
94 February 15, 1990
s
x `
0
PKI
Mayor Suarez: Can anybody give an idea why it costs $15,000 a year?
Commissioner Plumaner: That's a hell of a lot of. money. I don't know why.
And I don't care why, I want it reduced.
Commissioner De Yurre: Can we Lake one at a time? We getting away from the
people now and going into phones?
Commissioner Plummer: Oh, no, I'm saying I want to make sure we get all of
the rest of this because I don't want a motion to suddenly come out of nowhere
and then it's considered we're finished. I've got the telephones, I've got
transportation and parking of $12,000. That is ludicrous) Contingencies they
don't break it down; that's $75,000.
Vice Mayor Dawkins: Commissioner Plummer, I think you're being very rude to
Commission Alonso. She started to tell us how many people she wanted...
Commissioner Plummer: She said four, sir.
Commissioner Alonso: No, no...
Vice Mayor Dawkins: ...and what she would pay each one and you cut in on her.
Commissioner Plummer: No, sir, I'm sorry. If you would have been listening,
you would have heard her say four and fifty-two to sixty-five is agreeable.
Commissioner Alonso: Four.
Vice Mayor Dawkins: Four.
Commissioner Alonso: Thank you.
Mayor Suarez: All right, anything further from Commissioner Alonso? If not,
anything further from any other Commissioner?
Commissioner De Yurre: Well, I think five is a good number. And I think that
that will give leeway to the... a lot of times, the executive director is not
even in town because a lot of the duties have to do with travelling and
meeting with different organizations to promote the Sports Authority, Sports
and Exhibition Authority.
Mayor Suarez: I hear from the left - because I don't mind the idea of giving
a certain amount of flexibility to the new board and to the new Commission
member of that board. I think that makes sense. But I do hear on my left,
the Commission Plummer saying then, reduce their salaries. Meaning, let's
keep some sort of a tight hold on the overall budget and do give some,
flexibility to the board and its new executive director, at some point, to
assign the salaries, you know, to the different individuals and the job
classifications. So I'd have no problem giving certain flexibility, in fact,
Mr. Manager, this goes back to your four point six, so say, you know, arrange
a four to five, certainly not to exceed five and as to the executive director,
not to exceed fifty-two to sixty-five. I'd have no problem voting for that
motion.
Commissioner Plummer: Well, if you want...
Mayor Suarez: And I think that respects the Commissioner's...
Commissioner Plummer: Do you want individual motions or are we going to
discuss this and then take it as one?
Mayor Suarez: I think we're going to have to take an individual motion on the
issue of staffing.
Commissioner Plummer: OK, then I will propose that there be a staff of four
and just for round numbers, the starting salary of the executive director....
Mr. Odio: May I, may I, may I?
Commissioner Plummers Sure, go ahead.
95 February 15, 1990
iaa
I'm Jill III ni III I I -
Mr. Odio: Can you just not approve a budget in dollars and then you can play
with the positions can be adjusted.
Mayor Suarez: That's what I was suggesting, that maybe we could approve the
budget in dollars and give a little flexibility because I hate to say four if —_
they think they can break up one salary or have five employees or whatever._
As long as they don't go beyond a certain range.
Mr. Odio: Approve it line item for salaries.
Commissioner Plummer: Well, that's what I was going to do. -
Mr. Odio: Oh, I'm sorry.
Commissioner Plummer: That's what I was getting ready to do. That there
would be four, an executive director, at $55,000. The comptroller, I think at
forty. The administrative assistant, I would say make that thirty because
they're going to be doing a dual role of assistant administrator as well as
marketing and a secretary -receptionist at, I assume twenty-one five is in
order. —
Mayor Suarez: We're at one forty-six five, I think, unless I've messed up my Fr
math.
e -
Mr. Odio: Where I have a problem with that is that you have people working
there now.
Commissioner Plummer: Correct. _
Mr. Odio: And I don't think it would be fair to - if they're going to stay
and they are very capable people in there...
Commissioner Plummer: Well, but wait a minute.
Mr.. Odio: ...that you're going to cut their salaries or something.
Commissioner Plummer: Well, I'm intending - let me tell you something, City
wide to start cutting salaries. OK? I think we discussed that this morning.
Mr. Odio: But we're addressing the Sports Authority now and I feel it
would... _
Commissioner Plummer: Well, why should they be treated differently? Look, _
the problem is...
Mr. Odio: You were looking for a bottom line.
Commissioner Plummer: Number one, the executive director, we're not cutting
his salary because he's not there. -
Mr. Odio: Right.
Commissioner Plummer: OK? The comptroller, I'm not cutting. That's forty,
it stays forty. The administrative assistant, in effect, I'm raising because
it's going to be a dual capacity. That dual capacity would be an
administrative assistant as well as marketing. The secretary -receptionist
stays at the same. t'm not decreasing anybody. -
Mayor Suarez: And it totals how much? I said, one forty-six five. Did I add
correctly?
Commissioner Alonso: Forty, thirty, twenty-five...
Commissioner Plummer: Now also, remember, Mr. Mayor... _
Mayor Suarez: One fifty-six five?
Commissioner Plummer: ...that that's going to take the second column and it's
going to reduce it greatly.
Mayor Suarez: Surely.
96 February 15; 1990
Commissioner Plummer: That's payroll taxes, group insurance, FICA, retirement _
-- plan, just..,
Mayor Suarez: I'm sorry, what was...
Commissioner Plummer: The retirement plan is almost $14,000.�
Mayor Suarez: All the other benefits and consequential...
Commissioner Plummer: To those on the proportionate share, of course.
- Mayor Suarers ...right, payments are reduced proportionately.
Commissioner Plummers Of course.
Mayor Suarez: What was the prior salary total?
Commissioner Plummer: The prior was one seventy-eight, seven.
Mr. Odios The total salary in the budget was $307,875. —
Mayor Suarers Yes.
Commissioner Plummer: That included fringe.
Mayor Suarez: Three, three oh seven. -
Mr. Odio: That includes...
Commissioner Plummer: No, he :said salaries.
R
Mr. Odio: It does not include fringe. The salaries for FY189-90 is including
— the director and deputy director, $307,875.
Commissioner Plummer: OK, yes, because the deputy director was never filled.
Mayor Suarez: And the deputy director was never filled. If you want to try
for a different figure, go for it.
Commissionor Plummer: That was a hundred thousand dollar item right there. .
Mayor Suarez: If you want to try for a different figure, go for it, you know,
something in between. I...
Commissioner De Yurre: First of all, the people that are employed there that
are making X amount of dollars, you've got to keep it. You're not going to go
about changing that. OK?
Mr. Odio: That's what I mean.
Mayor Suarez: Well, I have no problem if adjustments have to be made.
Commissioner Plummer: What are we changing? What are we changing?
Commissioner De Yurre: I think that as far as I see....
Commissioner Plummer: What are we changing?
Commissioner Alonso: Tell us what they made and...
Commissioner Plummer: Well, it's here. I'm reading from the Manager's
report.
Commissioner Alonso: Well, but that's why we are trying to clarify because
he's saying that...
Me. Lourdes Reyes: Excuse me, Commissioner, right now we have...
Mayor Suarez: Management by committee, yes.
Ms. Reyess We have a secretary, we have an administrative assistant, we have
a marketing manager and we have...
Commissioner Plummer: That's out, that's going to be a combined...
Mayor Suarez: And you have yourself.
Mr. Reyes: Those are the people that are employed at the moment. Any myself.
Mayor Suarez: And you're, up to now, a comptroller.
Commissioner Plummer: OK, but that's... you're the comptroller, right?
Ms. Reyes: And I am working in the capacity of comptroller and the City
Manager's designee for the moment.
Commissioner Plummer: OK, but you'll go back to comptroller, I assume, if
you're not chosen as the executive director.
Ms. Reyes: Right.
Mayor Suarez: His proposal would put you...
Commissioner Plummer: And you're making forty and that's what I said here.
Ms. Reyes: Which means that if you...
Mr. Odio: Commissioner, but let me add this, and I hope I'm right because I
added, if you left them as they are today, you're gone from salaries from
$370,875 to one sixty, eight hundred. So why...
Mayor Suarez: $156,500, I think, is what Commissioner added, but...
Mr. Odio: So why change their salaries? I mean, leave...
Commissioner Plummer: I got one forty-seven.
Mr. Odio: One sixty, eight hundred.
Commissioner Alonso: Yes, because you put fifty-five.
Mayor Suarez: I have $146,500, she said $156,000. Now the Manager is giving
a different figure. I wish somebody would add them all up.
Mr. Odio: I mean, I'm adding, I'm adding...
Commissioner Plummer: Huh?
Commissioner Alonso: You put fifty-five.
Commissioner Plummer: Yes.
Commissioner Alonso: And we have said from forty...
Commissioner Pliunmer: From fifty-two to sixty....
Commissioner Alonso: From fifty-two to sixty-five.
Commissioner Plummer: And I'm saying, start it at $55,000. I don't think
that job responsibility warrants any more than that. -
Mr. Odio: I'm saying, give them a budget of $180,000 for salaries and let
them do whatever...
Commissioner Plummer: No, I want that below one fifty.
Mayor Suarez: All right, I have a proposal from the Manager. If anybody
wants to make a motion that says $180,000 in total salaries, I will not only
second it, but I'll even vote for it. Vice Mayor Dawkins wanted to address
the prior discussion. Go ahead.
Commissioner Plummer: Excuse me.
98 February 15. 1990
Vice Mayor Dawkins: I'd like to know if we actually believe in the event that
this young lady is chosen as the director, that she would leave the
comptroller's job at $40,000 a year and go over into another slot and learn the job and work day and night to do it for the same salary? She may as well
stay where she is.
- Commissioner Plummer: No, absolutely not.=
Vice Mayor Dawkins: She'd be out of her cotton picking mind.
JFA
Commissioner Plummer: No, to go to the other job, she would get an increase -_
by my proposal of $15,000.
Mayor Suarez: Mr. City Attorney, we got a...
Commissioner Plummer: Excuse me, I got a problem.
Vice Mayor Dawkins: To me, it wouldn't be worth $15,000 to go learn a new
job.
Commissioner Plummer: We are talking about reducing, OK?
Vice Mayor Dawkins: I'd rather not have the $15,000.
Commissioner Plummer: Right now, you're talking about
$180,000? The total =
=
payroll today is $178,000. What have you reduced?
=
Mayor Suarez: Yes, without an executive director, who
resigned and without
another individual who just got fired.
Commissioner Plummer: No, sirl
Commissioner Alonso: No, no, no, no.
—
Commissioner Plummer: No, sir, you're wrong.
_
Mr. Odio: Commissioner Plummer, let me clarify, please.
-
Commissioner Plummer: No, no, no, no, wait a minute
now. You're talking -
-
about one eighty and its one -seventy eight today and.
you're talking about
_
reducing? I don't know your math.
—
Mr. Odio: May I clarify?
Commissioner Alonso: Sure.
Mr. Odio: The budget of the Sports Authority....
-
Commissioner Plummer: I'm not talking about the budget,
sir. I am talking
about actual dollars in your memo...
-
Mr. Odio: Sure, because...
--
Commissioner Plummer: ...of $178,700...
-
Mr. Odio: So give him a hundred and eighty.
-
Commissioner Plu.maer: You are proposing to us to go to
a flat one eighty and
you call the a reduction? No, sir.
Mr. Odio: Yes, I do.
-
s
Commissioner Plummer: No, it's not a reduction.
Mayor Suarez: Because the budgeted amount was three oh
seven. OK, Mr. City
Attorney, do we need to do anything to keep all this on a
legal line or are we
. `
OK?
Mr. Odin: You're wrong.
Mayor Suarez: You Were going to intervene.
99
February 15, 1990
4
Commissioner Alonso: You come to one eighty, how?
Mr. Odio: I'll tell you how.
Commissioner Alonso: Yes.
Mr. Odio: You don't have a director, that's $88,000 less.
Commissioner Plummer: We're going to have. —
Mr. Odio: Excuse me, Commissioner. Let me finish. She's saying how do I
reach the figure of one eighty seventy-eight? Because the actual people there
now - not the budgeted people - the actual people adds up to one seventy-
eight, but what I'm saying is, that if you consider that you had an executive
director for $88,000, which you don't have, and deputy director that was never
-
hired fcr $62,500, a special projects coordinator that was going to - that was
—
making $33,075, who is no longer there, OK? You end up with $160,800. That's
what you have right now there, you know. Plus fringe benefits.
Commissioner Plummer: I'm telling you...
Mayor Suarez: The thing is that you gave its and the Commissioner - both
Commissioners are going to refer us, you gave us a listing that adds up to
$178,000 which includes $88,000 for an executive director.
Commissioner Alonso: You gave us an executive director...
Mr. Odio: I know, I know...
Commissioner Plummer: We're referring to your memo. These are your numbers.
Commissioner Alonso: Right.
Commissioner Plummer: I will make my motion again. I thought it was quite
clear, OK? My motion is that we have an executive director at fifty-five. We
have a comptroller at forty, the same. We have an administrative assistant
combination marketing director and raise that to thirty, OK? That we have a
secretary -receptionist....
Commissioner De Yurre: Well, how much is a marketing... I think he's making
like thirty-three right now. How can you raise him to thirty?
Commissioner Plummer: That's a different position.
Commissioner De Yurre: No, it's marketing.
Mr. Odio: The marketing manager is making $33,600.
Commissioner Plummer: He is going to be doing a dual role.
Commissioner De Yurre: And make less.
Commissioner Plummer: Exactly.
Commissioner De Yurre: That's great.
Commissioner Plummer: OK?
Commissioner De Yurre: I'll take the job.
Commissioner Plummer: Because there is not the demand.
Commissioner De Yurre:
Commissioner Plummer:
For what?
I'm saying that you...
Mayor Suarez: All right, if we don't agree, the motion will not pass and
maybe we'll try a little different figure, but let's please bring this to a
vote. We have other items to handle today.
Commissioner Plummer: OK.
100
February 15,
1990
Mr. Fernandez: Point of order, Mr. Mayor.
Mayor Suarez: Yes, Mr. City Attorney.
Mr. Fernandez: 1 gather that what you're going to be voting on will be...
Mayor Suarez: Is the initial budget.
Mr. Fernandez: And would remain a motion and would not rise to the level of a
resolution or make part of any ordinance because in the ordinance for the
Sports & Exhibition Authority, the powers of the Authority shall include and
has the capacity and the power to appoint., select, and employ officers,
agents, and employees and fix their respective compensation.
Commissioner Plummer: No wayl
Mr. Fernandez: Well, than, you must...
Commissioner Plummer: No wayl
Vice Mayor Dawkins: Well, does that in....
Mr. Fernandez: Excuse me. Mr. Mayor...
Mayor Suarez: Yes.
Mr. Fernandez: ...if you intend to do something different than that, then I
recommend to you that you must also consider amending the existing ordinance
to that extent.
Commissioner Plummer: That's fine.
Mayor Suarez: I'm not sure that we have to, Mr. City Attorney, if we specify
that the initial budget is an amount X for salaries; within that, they have
discretion to set all the specific salaries and the employees and so on and if
they want an increase in that, they have to come back, just like every other
authority does.
Mr. Fernandez: I respectfully disagree with you, Mr. Mayor...
Mayor Suarez: I was afraid of that.
Mr. Fernandez: ...my reading of the ordinance is very clear. You have given
,the authority the power for them to employ and to fix their salary. You may
limit their budget, you may say, you only have $180,000....
Mayor Suarez; Right, that's what I'm saying. That's what I'm saying.
Mr. Fernandez: ...but that's not what Mr. Plummer is saying. Mr. Plummer
wants to fix...
Mayor Suarez: No, no, I disagree with Mr. Plummer's motion for that reason.
Commissioner Plummer: Are you saying we can't amend the budget?
Mr. Fernandez: You certainly....
Commissioner Plummer: Are you saying we can't...
Mayor Suarez: J.L., we can't go to that administrative detail level,
otherwise, they have no autonomy, is what he's saying.
Mr. Fernandez: You may do so but then you have to change the ordinance to say
that this City Commission retains the power to fix the salary.
Commissioner Plummer: OK.
Mr. Fernandez: Which, right now, the City Commission does not have the power
to fix salaries.
Mayor Suarez: And I would not suggest it.
101 February 15, 199P
11
2
Commissioner Plummer: No, we got batter power than that. We get rid of all
of them.
Mr. Fernanders Which is fine with me.
Commissioner Plummer: Ahhhhhhh.
Mr. Fernanders I dust want to make sure that you act legally and properly.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: All right.
Vice Mayor Dawkins: Does this also say that we or the authority appoint the
legal counsel?
Mr. Fernandez: The legal counsel is already established in the authority.
Vice Mayor Dawkins: Oh, not whether you change it...
Mayor Suarez: For the future, for the future....
Nice Mayor Dawkins: When you change it, we change it, so...
Mr. Fernandez: Sure. Of course, you can change anything.
Mayor Suarez: Thank you.
Commissioner Plummer: What is it today?
Mr. Fernandez: It's your City Attorney that's the legal counsel to the
Authority.
Mayor Suarez: Meaning you.
Mr. Fernandez: Correct.
Commissioner Plummer: Or your designee.
Mr. Fernandez: Or my designee. Just like in the case of the City Manager
presently, it is the City Manager or his designee that serves as executive
director.
Commissioner Plummer: But we're changing that.
Mr. Fernandez: You're changing that. Hopefully not the other.
Mayor Suarez: He had to get that in there. He had to get that in there.The
old butter my bread. All right, Commissioners, let's decide please on a
salary level. I don't imagine that this Commission, by majority, and I don't
think I'm ready to vote for it although I hear J.L. saying he wants to` -go to
the administrative detail 'of specifying salaries, I think it's a -bit much.
Otherwise, we're not creating any kind of an autonomous agency. So, let's set
a salary cap or maximum, J.L., that's reasonable and go with it. Otherwise...
Commissioner Plummer: What's your cap? I'll go with one fifty. Four
employees at one fifty. I'll go with that. Or two employees at one, Miller.
Commissioner De Yurre: Five - it's discretion between four and five
employees.
Commissioner Plummer: What?
Commissioner De Yurre: Four, up to five employees.
Commissioner Plummer: What is the cap?
Commissioner De Yurre: How much do we have right now?
J.
Commissioner Plummer: Hey, we are trying to save money.
Mayor Suarez: The Manager was suggesting $150,000...
102
Commissioner Plummer: I can't go with that, Mr. Mayor. Not in defiance of
his own figures that show me one seventy-eight presently.
Mayor Suarez: Yes, but that's one seventy...
Commissioner Plummer: That's no reduction.
Mayor Suarez: All right, it was budgeted three oh seven for the entire year.
We all approved it. I don't know if you voted for it or didn't in September,
but we approved it. We understood this authority to have a lot to do in the
next fiscal year. We've talked about some of the things, Commissioner De
Yurre is pointing out some of them. He hasn't even talked about some other
duties that... they are a Sports & Exhibition Authority, they have to worry
about the possibility of an exhibit facility in the City and recommend back to
us and...
Commissioner Plummer: They're not even talking about that.
Mayor Suarez: I know, they should be though.
Commissioner Plummer: They should be.
Mayor Suarez: They should be.
Commissioner Plummer: And, of course, according to the scope of the thing,
they're supposed to be working on tourism and conventions and they're not
doing it because we've got a Convention Authority that we're spending a
million dollars on.
Mayor Suarez: We also use the executive director...
Commissioner De Yurre: What are they doing?
Commissioner Plummer: Nothing.
Mayor Suarez: ...the prior executive director or the Manager...
Commissioner De Yurre: Hey, let's review them too.
Mayor Suarez: J.L., remember that, because there was no autonomy. The
Manager assigned him to a variety of tasks including Bayfront Park, including
performing arts, promotion, performing arts center. This would be an
autonomous authority. We would set the budget and they would pursue whatever
we tell them are important goals of the City. Let's get on to that business and...
Commissioner Plummer: It's a mean man that won't compromise. I'll go to one
sixty cap.
Mayor Suarez: All right, I'm ready to vote for one sixty cap on salaries and
to vote favorably to it so we can get out of here and do some other things.
And they're just going to have to work within a hundred sixty.
Commissioner Plummer: Four employees and one sixty.
Mayor Suarez: Well, whatever number of employees they want.
Commissioner Plummer: I don't want a deputy director.
Mayor Suarez: No?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: But they could have part time employees.
Commissioner Plummer: Oh, yes.
Mayor Suarez: You're making it impossible for them to have a deputy director
in that sense anyhow, with one sixty. I think one sixty is viable.
Commissioner Plummer: I think one sixty is more than adequate. I'll move it.
103 February 15, 1990
Mayor Suarez: For purpose...
Commissioner Plummer: One sixty and four employees. That's one facet of it.
And that's a savings. It's not what I wanted, but it looks like the only
thing that will fly.
Commissioner De Yurre: Well, and that won't carry my vote, that's for sure.
Commissioner Plummer: One sixty.
Mayor Suarez: One sixty and four employees and you're not going to be
flexible on the part time employees and so on.
Mr. Fernandez: Again...
Mr. Odio: J. L.
Commissioner Plummer: Part time employees they can hire as...
Mr. Odio: Commissioner, if I may, please...
Mayor Suarez: Mr. Manager, do you have a better suggestion that might fly?
Or another suggestion.
Mr. Odio: I believe, by memory, that the memo that I presented to you was
savings of $127,000.
Commissioner Plummer: One twenty-six eight.
Mr. Odio: OK, if you give them one eighty, you're saving one twenty-seven
eight seventy-five.
Mayor Suarez: All right...
Commissioner Plummer: But I'm trying to get even further savings. What's
wrong with that?
Mr. Odio: Oh, well, that, OK...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: It's not my problem. It's taxpayers' money!
Mr. Odio: What I mean, that's your decision.
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: Yes, Mr. City Attorney.
Mr. Fernandez: I would like to again come back to the same point to make sure
that you act properly today. While placing a cap on 'the budget would be
proper, stipulating the number of employees, in my opinion, would not be.
Commissioner Plummer: Why?
Mayor Suarez: OK, unless we went back and redid the ordinance and...
Mr. Fernandez: Correct.
Commissioner Plummer: Why?
Mr. Fernandez: Because the ordinance already in place leaves that and makes
that one of the powers of the authority itself.
Commissioner Plummer: Read it to me again.
Mr. Fernandez: Certainly. It is section 52.6-4, "...the Authority shall have
the capacity and the power to appoint, select, and employ officers, agents,
and employees and fix their respective compensation." That means...
104 February 15, 1990
MT
Commissioner Plummer: OK, you're right. You're right. I still go with the
one sixty. And that will give them the flexibility of how.
Mayor Suarez: All right, one sixty is the motion to cap the Authority's
salaries. Is it seconded? Do we have a second for a cap of one sixty for
salaries for the Authority for its initial budget to be reviewed later,
presumably, I guess, on a fiscal year basis.
Commissioner Plummer: Of course, it has to be at the end of the year.
Mayor Suarez: And with the usual constraints that we have on any line item
changes, I guess that's still in our ordinance, I think.
Mr. I!ernandez: Yes.
Mayor Suarez: Do we have a second? Do we have a second? Does anybody want
to try any other figure?
Commissioner De Yurre: One eighty and five employees.
Commissioner. Plummer: You can't number the employees according...
Mayor Suarez: One hundred and eighty thousand and it may be that they'll end
up with five employees or not, but you can't specify, Commissioner,
apparently.
Commissioner Plummer: One sixty.
Mayor Suarez: I'll second one eighty.
Vice Mayor Dawkins: Properly moved and seconded, one eighty. Any further
discussion?
Commissioner Plummer: Now, let's understand, that is for a full year, not the
remaining six months.
Mayor Suarez: I'm sorry, you're exactly right. That's a good clarification.
Mr. Odio: It's a physical year.
Mayor Suarez: Pro -rated over the remaining months of the year.
Vice Mayor Dawkins: With the modification, are you ready to vote? Call. the
roll, Madam .Clerk, please.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-143
A MOTION OF THE CITY OF MIAMI COMMISSION SETTING A
SALARY CAP OF $180,000 FOR PERSONNEL COSTS AT THE
MIAMI SPORTS AND EXHIBITION AUTHORITY, FOR A FULL
FISCAL YEAR, WHICH AMOUNT IS EXPECTED TO BE PRO RATED
BY THE SPORTS AUTHORITY'S ADMINISTRATION OVER THE
REMAINDER OF THIS FISCAL YEAR.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None,
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Absolutely not. I think it's a waste of money.
105
February 15, 199Q
Commissioner Alonso: Well, I think that I would like to see the numbers lower
than a hundred and eighty. A hundred and sixty I think that perhaps the
number of employees that they have at the present time is not the best. But
having the conflict with the number of employees that they have right now, I
think I'll say yes.
COMMENTS MADE FOLLOWING ROLL CALLS
Mayor Suarez: OK, any other...
Commissioner Plummer: Oh, yes, now let's...
Vice Mayor Dawkins: Mr. Mayor, point of information.
Mayor Suarez: Yes, Vice Mayor Dawkins.
Vice Mayor Dawkins: It is now 4:00 o'clock. We have 13 items on the regular
agenda...
Mayor Suarez: I'm glad you pointed that out, yes.
Vice Mayor Dawkins: ...before we get to the planning and zoning agenda...
Mayor Suarez: And two that are specifically set that we must hear at 5:00 and
700 p.m. if I remember correctly.
Vice Mayor Dawkins: If we do not stop philosophizing and go to voting, we
will not get through this...
Mayor Suarez: Yes, please, Commissioners, remember that, at 5:00, we've got
to break whatever we're doing and handle that item, otherwise we're going to
have major problems and at 7:00 again the same thing. So, please, let's go
through this. Anything else on the ordinance that needs to be voted on?
Commissioner Plummer: Mr. Mayor, yes, sir, I've told you...
Mayor Suarez: Yes, please, Commissioner.
Commissioner Plummer: ...I'm looking at - I have no justification, I think it
Is totally out of line to spend $15,000 for telephones.
Mayor Suarez: Can we do that by the following way, have the Manager or have
the - as soon as maybe the young lady, Lourdes, right? -come back to us with a
detailed report and be very...
Commissioner Plummer: Well, we got it.
Mayor Suarez: I'm sorry, be critical report of, you know, how we can reduce
that down to the bare minimum?
Mr. Odio: I will review line item by line item and come back to you.
Mayor Suarez: J. L., because, otherwise, we're not going to get out of here
today and...
Commissioner Plummer: Well, OK, but I'm telling you, if you'll come back at
the next meeting...
Mayor Suarez: if $15,000 for phones sounds awfully high, I agree with that.
Commissioner Plummer: How about $12,000 for parking?
Mr. Odio: Well, I have to check into that. I don't know what it is.
Commissioner Plummers Well, you put it here. I'm only going on your numbers.
Mr. Odio: This is their budget.
Mayor Suarez: It could be an interdepartmental thing.
Mr. Odio: That's the budget. That's their budget.
106
February 15, 1990
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Mayor Suarez: That may not be what they're spending, but whatever it is, it
sounds very high.
Mr. Odio: I, could I please, because I think they're paying... well, let me
check into it.
Mayor Suarers Yes.
Commissioner Plummer: Next meeting.
Mr. Odio: Yen.
Mayor Suarez: OK.
Commissioner Plummer: OK.
Mr. Odio: March whatever it is.
Mayor Suarez: OK. Anything further?
Commissioner Plummer: Oh, yes, $12,000.
Commissioner De Yurre: Well, how about voting on the ordinance?
Commissioner Plummera Which ordinance?
Commissioner De Yurre: What do you mean, which ordinance?
Mr. Fernandez: Number four.
Vice Mayor Dawkins: Number four.
Commissioner Plummer: No, not until I have answers to these. No, sir.
Mayor Suarez: What else do you have left? What else do you have left, J. L.?
Commissioner De Yurre: Well, one has nothing to do with the other, J. L.
Mayor Suarez: We've restricted the salary budget, we've specified...,
Commissioner Plummer: No, I want all of the rest of these figures reduced.
Mayor Suarez: But, we're not approving them at this point in the ordinance.
The Authority is going to have...
Vice Mayor Dawkins: That was three. That item dealing with the.... that's
number three.
Mr. Odio: I think what he wants...
Commissioner Plummer: Oh, wait, wait, there is no ordinance with three. It's
only with four.
Mr. Odio: I think what he wants to reapprove the budget.
Vice Mayor Dawkins: That's three, J. L.
Mayor Suarez: Yes, you want to reanalyze the entire budget?
v;`, Commissioner Plummer: No, sir, I sorry, I'm mistaken. There is not ordinance
to read or pass with three, it's with four.
Mr. Fernandez: Correct.
Mayor Suarez: But, as to that ordinance, the best we can do, I think, is
build in, you know, a maximum budget for salaries. If we try to go right now
to all the other items, we're going to have to examine the entire, budget and
we'll be here all day, J. L.
Commissioner Plummer: That's all right, I'll go along with this if the two
amendmenta that I gffered go along with it.
tY�
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Mayor Suarez: Which are?
Commissioner Plummer: The two amendments is that the approval of the
executive director by 4/5ths vote of this Commission and...
Mayor Suarez: And what was the other one?
Commissioner Plummer: And the other one was that the director shall attend
all meetings of the Authority and furnish the authority and Commissioners
monthly reports.
Mayor Suarez: The monthly reports I don't think you'll have any problem with.
I see a shaking of heads over here on the 4/5ths. Why don't we just put that
to a vote? Anybody want to argue why it should be 4/5ths versus 3/5ths then
we can get out of here?
Commissioner Plummer: I'll make it a motion and let's see if it passes, if
there's a second.
Vice Mayor Dawkins: Second.
Mayor Suarez: All right. So moved and seconded. Any discussion on it being
by 4/5ths approval of this Commission?
Commissioner De Yurre: Are we voting on the whole ordinance now?
Mr. Fernandez: No.
Mayor Suarez: Just that element.
Commissioner Plummer: Just that point and then incorporated the rest of it.
Commissioner De Yurre: OK.
Commissioner Alonso: We get 4/5ths.
Commissioner Plummer: 4/5ths vote.
Commissioner De Yurre: I think it should be majority as we do everything else
here.
Vice Mayor Dawkins: Call the roll.
Mayor Suarez: Call the roll on that motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-144
A MOTION OF THE CITY OF MIAMI COMMISSION GOING ON
RECORD AND STATING THAT APPROVAL i''OR APPOINTMENT OF
THE EXECUTIVE DIRECTOR OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY SHALL BE BY NO LESS THAN A 4/5THS
VOTE OF THE CITY COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL;
Mayor Suarez: What's the count?
108 February 15, 1990
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Commissioner Plummer.- Hello?
Ms. Hirai: One no vote.
Mayor Suarez: So my vote is irrelevant. OK.
Vice Mayor Dawkins: You didn't vote.
Just can't say it's irrelevant.
Commissioner Alonso: Oh, come on now.
You got to vote one way or the other.
Mayor Suarez: I'm going to vote.
Commissioner Plummer: Come on, Governor. Shov: your strength. Give us the
wisdom of Solomon. Since it won't count, we'll listen.
Mayor Suarez: I'll vote yes. I think it's a good requirement-
COMM ENT S MADE FOLLOWING ROLL CALL:
Mayor Suarez: All right, anything else7
Vice Mayor Dawkins: Now, the ordinance.
Commissioner Plummer: Now the ordinance.
Mr. Fernandez: Excuse me, there is no problem or not need to take a vote on
the submitting of the monthly reports.
Mayor Suarez: I don't think there's any problem with that. We can build that
in. It's an understanding, it's a directive...
Commissioner Plummer: Well, that, I thought it was part of the motion.
Mayor Suarez: ...if you want to make it into a vote or even an ordinance
provision, J. L., that's fine.
Mr. Fernandez: No.
Commissioner Plummer: I thought we built that in here. That was the vote
just taken, 4/5ths and the reports to the Commission.
Mr. Fernandez: No, no, it was only on the 4/5th.
Commissioner Plummer: Well, just build _ I mean, anybody got a...
Mayor Suarez: No, nobody's got a problem with it, but...
Commissioner Plummer: ...objection of it coming to the Commission?
Mr. Fernandez: And then, Mr. Mayor, there is one other item that you must
deal with separately and is the ability of this Commission to retain control
over the present budget. Have you dealt with that already sufficiently well?
Mayor Suarez: I kind of thought that's the way we did implicitly by the prior
vote.
Mr. Fernanders All right.
Mayor Suarez: If we didn't do that, then how can we specify the initial
budget and the salaries and so on? I hope you build that into the ordinance
somewhere.
Mr. Fernandez: No, it isn't because those items...
Mayor Suarez: OK, what deviations, Commissioners, do we want to permit from
that initial budget without prior Commission approval? Just like anybody
else, I guess, any other agency, $5,000..
Mr. Fernandez: But those are already built in, in other ordinances,
�► 1
Mayor Suarez: OK, what else do we have to put then?
Mr. Fernandez: Nothing else.
Mayor Suarez: Thank you. Anything else?
Commissioner De Yurret I move the ordinance.
Mayor Suarez: Move the ordinance.
Commissioner Plummer: The ordinance, OK, now what - only asking the
question...
Nice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Clarification question and then we're out of here.
Commissioner Plummer: As the other ordinance that you're making, does that
relate to this?
Mayor Suarez: Otherwise, we're going to close debate.
Mr. Fernandez: Yes, what I'm doing is that seeing that we're passing this one
now on the first reading, I'm inserting in this one, the specific language
about elected for a one year term...
Commissioner Plummer: Can I see that please? Oh, I'm sorry, this is it?
Mr. Fernandez: Yes. But the ordinance that I've given you is an ordinance
that will have application to all boards, committees, and authorities; Sports
& Exhibition Authority being one. But I'm specifically inserting it or
Including it in the Sports & Exhibition Authority now that we're dealing with
it in any event.
Commissioner Plummer: That's fine.
Commissioner Alonso: So we're taking one vote.
Mr. Fernandez: No.
Commissioner Plummer: So are we voting on four now or are we voting on this?
Mr. Fernandez: You're voting on four. OK.
Commissioner Alonso: Four.
Mayor Suarez: OK? We have a motion and a second. Do you want to try to read
the ordinance into the record or have you done it?
Commissioner Plummer: As amended.
Mayor Suarez: As amended.
Commissioner De Yurret Let the ask, is there any problA-% doing it this on an
emergency basis so we can get on and try to clean up the act of the Sports
Authority?
Mayor Suarez: I have no problem. Can we justify the emergency?
Commissioner De Yurre: Well, the fact that it's chaotic_ right now. We have
to find a director and we got to put it back and...
Mayor Suarez: That sounds like a good emergency reason for me.
Commissioner De Yurre: ...you know, mainstream.
Mayor Suarez% To me.
Commissioner Plummer: I think you would have a tough time justifying that
emergency as public welfare.
Mayor Suarez: Nobody's going to challenge it in court. J.L. promises not to
go find a plaintiff to challenge it.
Commissioner Plummert OK, I'll go along with the emergency...
Commissioner Alonso: It is an emergency.
Commission Plummer: ...I just think you'd have a tough time justifying it as
an emergency.
Mayor Suarez: Call the roll. He's not going to file suit. Read the
ordinance, I'm sorry.
Commissioner Plummer: Governor, you can't act like this in Tallahassee.
Mr. Fernandez: An emergency ordinance amending subsections A and C. of 52.63
and section 52.65 of the code of the City of Miami, Florida as amended to
increase the number of voting members of the Miami Sports & Exhibition
Authority to thirteen. To have a member of the City Commission elected by its
own members on a yearly basis for one year term to serve as term of the
Authority and to have the executive director of the Authority selected by is
members subject to City Commission approval of the executive director by 4/5th
votes including a requirement of submitting monthly reports also to the City
Commission.
Commissioner Plummer: As they are submitted to the members of the authority.
Now, I don't want a different report.
Mr. Fernandez: No, no, it's...
Commissioner Plummer: The same report.
Mr. Fernandez: Same report.
Mayor Suarez: Call the roll.
Mr. Fernandez: Hold it a second, please. Making findings for an emergency,
containing a repealer Provision and a severability clause.
Mayor Suarez: The way he just said that, you see, I'm just Lt. Governor.
He's the Governor. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 52.6-5 AND
SUBSECTIONS (a) AND (c) OF SECTION 52.6-3 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY
INCREASING THE NUMBER OF VOTING MEMBERS OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY ("AUTHORITY") TO
THIRTEEN; PROVIDING FOR A MEMBER OF THE CITY
COMMISSION TO SERVE AS CHAIRPERSON OF THE AUTHORITY
FOR A ONE YEAR TERM, SAID APPOINTMENT TO BE REVIEWED
EACH YEAR; PROVIDING FOR THE SELECTION OF THE
EXECUTIVE DIRECTOR OF THE AUTHORITY BY ITS MEMBERS,
SUBJECT TO CITY COMMISSION APPROVAL BY A FOUR -FIFTHS
(4/5THS) VOTE; AND REQUIRING THAT MONTHLY REPORTS BE
FURNISHED TO THE AUTHORITY AND THE CITY COMMISSION
WITH RESPECT TO THE OPERATION, MAINTENANCE AN
FINANCIAL CONDITION OF THE AUTHORITY; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
iv I
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr,
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner De Yurre and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10706.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
7. FIRST READING ORDINANCE: SET MAXIMUM AMOUNT OF TIME A CITY COMMISSIONER
MAY SERVE ON ANY CITY BOARD OR COMMITTEE - INSTITUTE REVIEW AT END OF
EACH TERM OF OFFICE. (See label 6A)
a
---------- --------------------- -------- ------ __._�-------
Mr. Fernandez: No would you like to take the second ordinance that we
suggested to you?
Commissioner Alonso: Yes, we would.
Mayor Suarez: I'm sorry, as to other boards?
Mr. Fernandez: Yes.
Mayor Suarez: Yes, I don't think I'd have any problem with that. Anybody -
we all have an idea what it is. Is J.L. satisfied as to...
Commissioner Plummer: Yes.
Mayor Suarez: OK, I'll entertain a motion on it.
Commissioner Plummer: I think it's a damn good idea.
Mayor Suarez: That's a motion. Do we have a second? Do we have a motion and
a second pending on that?
Commissioner Alonso: We had a...
Mayor Suarez: We were just looking for the text.
Ms. Hirai: No, only on the prior one.
Commissioner Plummer: This is the one that pertains to all boards.
Mayor Suarez: On rotating Commissioners to other boards and authorities.
Vice Mayor Dawkins: It's been moved and seconded?
Mayor Suarez: Yes. Read the ordinance, Call the roll.
112 February 15, 1990
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AN ORDINANCE ENTITLED-
AN ORDINANCE CONCERNING THE TERM ANY CITY COMMISSION
MAY SERVE AS MEMBER OF ANY AUTHORITY, BOARD OR
COMMITTEE CREATED BY RESOLUTION OR ORDINANCE;
PROVIDING THAT EACH SUCH APPOINTMENT OF A COMMISSIONER
ON SUCH BOARDS OR COMMITTEES BE SUBJECT TO ANNUAL
REVIEW COMMENCING JUNE 1, 1990, SUCH REVIEW TO TAKE
PLACE ON OR BEFORE THE ANNIVERSARY DATE OF SUCH
APPOINTMENT; FURTHER DIRECTING THE CITY MANAGER AND
THE CITY CLERK TO TAKE CERTAIN ACTION IN REGARD TO THE
IMPLEMENTATION OF THIS ORDINANCE; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING
FOR INCLUSION IN THE CITY CODE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
8. (A) APPOINT COMMISSIONER DE YURRE AS CHAIR PERSON OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY'S BOARD. (See label 6C).
(B) MIAMI SUBJECT TOTS AND EXHIBITION CITY COMMISSION APPROVAL. ITYTO (See labelT S OWN COUNSEL,
30)
(C) APPOINSPORTSTJULIO AND EXHIBITION AUTHORITY. JER OF THE MIAMI
(See label 31)�
Mayor Suarez: I'm sorry, one clarification on the taking effect of the
ordinance that we just voted on for the Sports Authority. We had not actually
appointed a Commissioner...
Commissioner Plummer: I nominate Miller Dawkins, he wants a black there.
Mayor Suarez: He wants a paid employee to be black.
Vice Mayor Dawkins: They don't pay me enough so I nominate Victor De Yurre.
Mayor Suarez: OK, so moved. I second.
Commissioner Plummer: Chicken.
Commissioner Alonso: Second.
Mayor Suarez: Somebody call the roll. OK, Commissioner Alonso seconds. Call
the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 90-145
A RESOLUTION APPOINTING COMMISSIONER VICTOR DE YURRE
CHAIRMAN OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY
FOR A TERM OF ONE (1) YEAR FROM THE DATE OF THE
APPOINTMENT.
113 February 15, 1990
6 4
Upon being seconded by Commissioner Alonso, the resolution was passe
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plumper, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Fernandez: Mr. Mayor, also point of order...
Vice Mayor Dawkins: Did we include...
Commissioner Alonso: Had we done otherwise, we would have had a hard time 1
here.
Vice Mayor Dawkins: Did we include in there the counsel along with everybod
else?
Commissioner Plummer: No.
Vice Mayor Dawkins: Why not? Is anybody against it? Adding the counsel i
being appointed by the Authority just like everybody else.
Commission Plumper: I'll move this way and agree to that the Authorlt
appoints their own counsel, subject to City Commission approval by 4/5th
vote.
Vice Mayor Dawkins: Second.
Commissioner Plummer: And, of course, we set the fee of counsel by budge
That's understood.
Commissioner De Yurre: Any further discussion? Call the roll please.
The following motion was introduced by Commissioner Plummer, who move
its adoption:
MOTION NO. 90-146
A MOTION AUTHORIZING THE MIAMI SPORTS AND EXHIBITION
AUTHORITY TO APPOINT ITS OWN LEGAL COUNSEL SUBJECT TO
CITY COMMISSION APPROVAL BY A VOTE OF NO LESS THAN
FOUR FIFTHS.
(NOTE: This motion was later formalized by Ordinance
10713.)
Upon being seconded by Commissioner Dawkins, the motion was passed am
adopted by the following vote:
AYES: Commmissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
NOES: None.
ABSENT: Mayor Xavier L. Suarez.
Vice Mayor Dawkins: What's the next six?
Mr. Odio: The Sports Authority. I think you need to appoint some peopl
No, what do you mean ...?
Mr. Fernandez: The one that was created...
Mr. Odio: You added one more, yeah.
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February 15, 1990
Commissioner Plummer: Wait a minute. We've all agreed that it's Miriam's
appointment, is she's ready we'll do it. If not, we'll wait until the next =
meeting.
Vice Mayor Dawkins: Appointment of what now?
Commissioner Plummer: The extra member of the coup..._
Vice Mayor Dawkins: I'm ready
.... y.... go ahead.
Commissioner Alonso: Yes, Julio Gonzalez Rebull, Jr.
Commissioner Plummer: Wait a minute, whoa. You appointed him to something
else the other day. Question. Can we be on both? -
Mayor Suarez: Well, if not, he might have to resign from one.
Commissioner Plummer: Excuse me, I'm in full concurrence with Julio. The
question I have is, can he serve on both Code Enforcement, which she appointed _
him to the other day, as well as the Sports Authority? Does he have to resign
from one to take the other?
Mr. Fernandez: Yes.
Commissioner Plummer: I don't know, I'm asking.
Mr. Fernandez: I believe that would create a dual office holding conflict to
the extent...
Commissioner Alonso: All right...
Mayor Suarez: OX, if that's the case, then we make sure that that's correct
and he will resign one but it may not be the case, Mr. City Attorney.
Commissioner De Yurre: No, hold it, I don't believe that that's the case.
Mayor Suarez: It doesn't always apply.
Commissioner De Yurre: I believe we have people working, functioning...
Mr. Fernandez: Let me check my list one Second, please.
Mayor Suarez: Thank you.
Commissioner Alonso: We can take it over at the next meeting.
Mayor Suarez: Yes.
Commissioner De Yurre: You can't have two paying boards. You can't be on...
Mayor Suarez: She wants to appoint at the next sheeting.
Commissioner Alonso: Yes, we take it over. Yes.
Vice Mayor Dawkins: Paying board, you can't...
Commissioner De Yurre: I think it's you can't be on two paying boards.
Mr. Fernandez: No, no, no, the criteria not paying necessarily, Mr.
Commissioner.
Commissioner Alonso: They don't pay in either one, right?
Commissioner De Yurre: The Code does.
Mayor Suarez: Well, since you dont' know the answer, can you please take it
under advisement? She's not ready to make the appointments anyhow. Let her
know and he can always resign from one and serve on the other. We do that all
the time. Anything further on this item? If not, we have item five.
115 February 15, i990
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9. ACCEPT BIDS: (a) COASTAL UNILUBE, INC., AND (b) CONSOLIDATED OIL
CORPORATION - TO FURNISH MOTOR OIL AND LUBRICANTS TO DEPARTMENTS OF FIRE -
AND G.S.A./FLEET MANAGEMENT DIVISION.
_ ------------------- ------------------------------------------------------- -----
Mayor Suarez: Anything further on this item? If not, we are ready for item
five.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Buy all the oil the Manager can drink.
-- Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any discussion?
Vice Mayor Dawkins: Only, under discussion.
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: I've spoken to Mr. Williams and I've explained to Mr.
Williams and he's going to get with me. I don't understand how every year
this bid comes back and the majority guy gets $65,000 each year and the
minority get a lousy $1,000. And I just cannot explain how.:. you couldn't
get that out of a computer each year. But yet, we get it here, so Mr.
Williams going to sit down and we're going to go through it, that's all.
Mayor Suarez: Very good. Call the roll on the item.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-147
A RESOLUTION ACCEPTING THE BIDS OF COASTAL UNILUBE;
INC. IN AN AMOUNT NOT TO EXCEED $65,885.00 AND
CONSOLIDATED OIL CORPORATION IN AN AMOUNT NOT TO
EXCEED $1,000.00 TO FURNISH MOTOR OIL & LUBRICANTS TO
THE DEPARTMENTS OF FIRE, RESCUE & INSPECTION SERVICES
AND GENERAL SERVICES ADMINISTRATION/FLEET MANAGEMENT
DIVISION ON A CONTRACT BASIS FOR ONE YEAR WITH THE
OPTION TO RENEW FOR TWO ADDITIONAL ONE YEAR PERIODS AT
AN AMOUNT NOT TO EXCEED FIRST YEAR COST OF $66,885.00;
ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING
BUDGET OF THE DEPARTMENTS OF FIRE, RESCUE & INSPECTION
SERVICES ACCOUNTS 0280701-713 ($6,758.00) AND #105000-
280502-713 ($100.00) AND GENERAL SERVICES
ADMINISTRATION/FLEET MANAGEMENT DIVISION ACCOUNT
0420901-713 ($60,027.00); AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE PRODUCTS AND THEREAFTER
AUTHORIZING THE CITY MANAGER TO RENEW THESE CONTRACTS
ANNUALLY rOR TWO ADDITIONAL ONE YEAR PERIODS "T THE
SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
k
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez _
NOES: None. ''22
ABSENT: Commissioner Victor De Yurre._
Commissioner Plummer: I ain't about to touch that one.
----------------------------------------------------------------------------------
10. AUTHORIZE EvTABLISHMENT OF AN ANTI -DRUG EDUCATION PROGRAM - ALLOCATE
FUNDS ($300,000) FROM LAW ENFORCEMENT TRUST FUND, SUBJECT TO CERTAIN
CONDITIONS.
-
Mayor Suarez: Item seven.
enforcement trust fund?
Anti drug education program. Is that from law
Commissioner Plummer: What are we getting for three hundred...
Mayor Suarez: Yes, it is.
Commissioner Plummer: ...thousand dollars?
Mayor Suarez: I hope you have a heck of a program there, Lieutenant.
Commissioner Plummer: I mean, this City is so damn rich, we got $300,000.
Anybody is for drug enforcement, but what are we getting for three hundred?
Mr. Odio: This money does not come from the...
Commissioner Plummer: The hell you say?
Mr. Odio: Excuse me, they are confiscated...
Commissioner Plummer: Three hundred thousand is three hundred thousand. What
are we getting for it?
Mr. Odio: Excuse me, they are confiscated...
Commissioner Plummer: What are we getting for it?
Mr. Odio: It comes from confiscated monies, OK?
Commissioner Plummer: What? I don't care where it's coming from. What are
we getting for the money?
Lt. Joseph Longueira: Commissioner, all this does is set up the vehicle to
establish programs. This $300,000 is just set aside for drug programs.
They'll have to come back to the Commission so like when you had us fund the
alternatives program, we didn't have to come back with an appropriations
ordinance and a resolution. You just make a motion and subject to it
Qualifying, we can: go ahead and do it. That's what this ordinance does, it
cuts...
Commissioner Plummer: You're saying that every expenditure from this three
hundred has to be approved by this Commission.
Lt. Longueira: Everyone except for minor ones under $4,500. Like, remem...
Commissioner Plummer: That's the norm. I'll move it, Mr. Mayor.
Mayor Suarez: So moved.
Vice Mayor Dawkins: I want to be sure. I think I hear what J.L. said. That
means any consultancy, any anything above $4,500 have to come back to us.
Lt. Longueira: It all reverts back to the City's normal procurement.
Mr. Odio: Yes.
— Lt. Longueira: Anything above $4,500 has to come back to the Commission.
Vice Mayor Dawkins: Even if it's - now, don't take it $4,500 to one person-
- three times._
Lt. Longueira: No, I understand.
Mr. Odio: No.
Vice Mayor Dawkins: All right? OK. All right.
Commissioner Plummer: Hey, don't laugh, that's how they bought bugging
equipment around here. Ten bids to buy one item. I moved it.
.S
Vice Mayor Dawkins: Any further discussion? No, Commissioner Plummer moved.
Well, yes, I second. _
Commissioner Alonso: I second. _
Vice Mayor Dawkins: She second. No, I second.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-148
A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF AN ANTI-
DRUG EDUCATION PROGRAM AND ALLOCATING FUNDS THEREFORE,
IN AN,AMOUNT NOT TO EXCEED $300,000, FROM THE LAW
ENFORCEMENT TRUST FUND, UPON SUCH COSTS HAVING BEEN
APPROVED BY THE CHIEF OF POLICE; FURTHER PROVIDING
THAT SAID AUTHORIZATION AND ALLOCATION IS SUBJECT TO
COMPLIANCE WITH APPLICABLE CITY CHARTER AND CODE
PROCUREMENT PROCEDURES, INCLUDING A RESTRICTION THAT
ANY EXPENDITURES IN EXCESS OF $4,500 BE APPROVED BY
THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
lie February 1.5, 1990
Mill
------------------------ - - - - - - -------- ------- -----_- - - - - - - - -
------------------
11. EXECUTE NON-EXCLUSIVE AGREEMENT WITH MIAMI RIVER RECYCLING/ATLAS IRON
COMPANY (JOINT VENTURE) - FOR PURCHASE OF RECYCLABLE FERROUS MATERIALS
AND WHITE GOODS DUE TO IMPLEMENTATION OF "THE CITY OF MIAMI - RECYCLES"
(A RESIDENTIAL CURBSIDE RECYCLING COLLECTION PROGRAM, BY DEPARTMENT OF
- SOLID WASTE).
-----------------------------•--------------------------------------------------- s
Vice Mayor Dawkins: Item eight.
Mr. Odio: This is for the purchase of a - and it is nonexclusive, by the
way - of recycling material, recycling garbage. We began the recycling
program yesterday in some parts of the City, successfully, I might add, and we
are going to sell the what we are picking up to these people. _
_ Commissioner Plummer: You know, if I'm not mistaken, if you read this agenda
— item, it looks like we're buying, not selling. It says for the purchase of.
_ Mayor Suarez: Which item are we on, Commissioner?
C
Mr. Joseph Ingraham: They're purchasing from us.
Commissioner Plummer: That's not what the agenda item says. It says, for the
purchase of recyclable ferrous materials.
Mr. Odio: Technically, you're right and you can sell it for the sale of
recyclable ferrous material and white goods to the Miami River Recycling Atlas
Iron Company.
Commissioner Plummer: That would be proper terminology, yes.
Mr. Odio: OK, yes, air.
Commissioner Plummer: I move it.
Vice Mayor Dawkins: Hold it, hold it.
Commissioner Plummer: Hold it. I don't move it.
Mr. Odio: And it's nonexclusive. We can get others that are willing to buy
too.
Commissioner Plummer: OK. i
Vice Mayor Dawkins: All right, this is item eight...
Commissioner Plummer: Seven - eight and nine are the same.
Vice Mayor Dawkins: Huh?
Commissioner Plummer: Eight and nine basically are the same.
Mayor Suarez: Related items.
Vice Mayor Dawkins: Well, I could go through... if you read through here, on
page seven, everything in here says, an agreement with the County. Page nine,
the County makes no guarantee of materials, instead of saying the City. And
on each page, as you go through here, you'll find this and nobody said
anything on what's between the County and the City.
119
February
15,
1990
aka
X
Mr. Ingraham:
Excuse
me, Commissioner
Dawkins, in reference
to the
terminology, this
is a
County bid that
we are piggybacking on
for our
agreement with these companies. The terminology will be corrected
per what
you are saying to
reflect
the City of Miami.
-' Vice Mayor Dawkins:
OK,
is this the bid
that the County is using
for its
recycables?
Mr. Ingraham: In reference to the two companies, I don't know of any other
agreement that they have with Durbin Paper and Miami, River Recycling.
Mr. Odio: Commissioner, so I can understand your question. These are not. the
people that are picking up the recycling.
Vice Mayor Dawkins: What now?
Mr. Odio: These are not the companies that are picking up the recycables from
the houses or structures. After we pick it up with our trucks and our
drivers, we take it to them for purchase.
Vice Mayor Dawkins: Is this the company that Dade County is selling its
recycables to?
Mr. Odio: Yes.
Vice Mayor Dawkins: It is not.
Mr. Odio: That's what the contract says.
Vice Mayor Dawkins: OK, well, Harvey Ruvin told me it was not. Harvey Ruvin
said this has nothing to do with recycables. This deals only with the stuff
they picked up outside of their recycables. Now, that's what Harvey Ruvin
told me.
Mr. Ingraham: Well, they have another contract with the collecting company
itself.
Commissioner Plummer: That's what I want to talk to.
Mr. Ingraham: But ours, this is not that at all. The company that picks them
up is IWS and also IWS has what- you call a reclamation center where they are
processing and buying some of the stuff in the County, but this has nothing to
do with that. This is other open bids that they have for paper and for the =
other materials that you see listed here with Miami River Recycling for the
white goods and Durbin Paper Company for the plastics, newspapers, and so -
forth that are put forth here, but that's... we have nothing to do with the -
other agreement with IWS at all. -
Vice Mayor Dawkins: But you see, when you bring me this, you lead me .to
believe that this is tied in with the Dade County's recycling program and
that's why we scent to these people, because they had a bid with Dade County.
Mr. Ingraham: Only as it relates, Commissioner, to the sales of recyclable
goods and no other matter as this ties to anything else to do with Dade
County's recycling program at all. -
Vice Mayor Dawkins: OK. -
a
Mr. Ingraham: What we are trying to do is get the most amount of money we
could for the sale of our goods and obviously the County's volume was pretty --
high and we can dictate to the market to get the same thing the County would,
even though we are a smaller municipality. -
NOTE FOR THE RECORD: Mayor Suarez left the meeting at 4:24 -
=� p.m.
Vice Mayor Dawkins: All right, somewhere in here, give me time to find it.
Are you...
120 February 15, 1990
i_.
y
Commissioner Plummers OK, while he's doing that, may I ask a question and
maybe I know the answer, but. maybe I don't. Why is the County gone to a
-
private company, from what I see, to pick up... are they not picking up
garbage as well as recycables?
s
Mr. Ingraham: No.
Am
=
Mr. Odio: No, no, no.
Mr. Ingraham: Just...
-a'
Commissioner Plummer: That company is only picking up recyclables?
—
Mr. Ingraham: Yes, only recycles.
—
Commissioner Plummer: So in other words, when that... the same garbage truck
_
in the County that used to go down the street still goes?
-
Mr. Ingraham: It still goes down...
Mr. Odio: It still goes down the street.
=
Commissioner Plummer: This, now what they are doing is, this IWS?...
=
Mr. Ingraham: Yes.
Commissioner Plummer: ... picks up only recycables.
Mr. Ingraham: Correct.
Mr. Odio: That's right.
Commissioner Plummer: Which are what, three in number?
Mr. Ingraham: Right.
—
Commissioner Plummer: Glass, metal and paper?
-
Mr. Ingraham: Right, and plastics.
Commissioner Plummer: OK, why did the County go to a private company to do
=
that?
-
—
Vice Mayor Dawkins: That's a good question.
Z.
Mr. Ingraham: There was a... not to answer for Dade County, first of all,
there was a lot of discussion in the County Commission over a long period of
—
time, to do that and the County Commission, after a lot of discussion on the
matter felt that it was best for them for a demonstration project, I think
over a seven year period, to the tune of approximately $32,000,000 that they
-_
_-
are going to be paying that company for them to have the demonstration
project. They felt the per unit cost was...
_-
Commissioner Plummer: Well, the Manager is saying in one word, which you've
-
taken five minutes, it's cheaper!
-
Mr. Odio: Well, that's what they claira.
-
Commissioner Plummer: Now, if...
Vice Mayor Dawkins: No, hold it, hold it, hold it, hold it, hold it, Mr.
Plummer.
=
Commissioner Plummer: Yes.
-
Vice Mayor Dawkins: The State of Florida received X number of dollars to do a
demonstration to determine which was the better was
project y... the State of
_
Florida solicited grants from municipalities to determine which was the better
--'
way to handle recycables.
Commissioner Plummer: That's not what my understanding was.
12l February 15, 1990
1AM
Vice Mayor Dawkins: Well, I'm trying to tell you how it is, OK? I'm going to
help you understand your interpretation of it, if you'll let me get through
this.
Commissioner Plummer: Did not the money go from the State to the County, of
which we then are a part of the County, not directly from the State?
Mr. Odio: No, we received a $500,000 grant.
Commissioner Plummer: Go ahead, Miller, I'm sorry.
Commissioner Dawkins: The hell with itt
Commissioner Plummer: No, go ahead, I want to hear.
Vice Mayor Dawkins: No, but you see, when 1 try to tell you guys the things
the way they go, you all keep muddying the water and you don't want to listen
and...
Commissioner Plummer: I'll swim in the dirty water. Go ahead, I want to
hear.
Mayor Suarez: Does that mean that you promise to shut up while he explains
it?
Commissioner Plummer: Yep.
Vice Mayor Dawkins: The money was put out by the State to do demonstration
projects of how to handle recycables. Now, the County received its amount and
_
it decided that any municipality within the County that wanted to do a
demonstration project could do so, so therefore the City of Miami applied for
a part of these demonstration funds to do a demonstration project to determine
which was a better way to handle recycables, so now, how much money did we
—�
get, Mr. Manager?
Mr. Odio: $500,000.
-
Mr. Ingraham: $500,000..
Vice Mayor Dawkins: A year, right?
Mr. Ingraham: Right.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: $500,000 a year for seven years to handle recycables.
Mayor Suarez: It's recurring then, isn't it?
Vice Mayor Dawkins: The County took it upon themselves that they did not want
to do a demonstration project. They automatically gave the money that they
got to handle recycables to IWS and they didn't want to demonstrate at all.
They didn't need no demonstration, so therefore that's why. IWS is picking up
in the County because the County took the money that they were supposed to
handle a demonstration project with and hired IWS.
Commissioner Plummer: OK, now, the same question, and I don't want to speak
to IWS, because I don't want to be inferred that I'm suggesting one company or
the other. Am I then to assume that in the City of Miami, for $500,000, this
project, this demonstration project, you can do cheaper in house?
Mr. Odio: I believe... we had a one day trial, that was yesterday, we are in
the second day. If it functions like it did... I have some concerns, and I
don't want to get into that... is that yesterday it worked beautifully. We
had the trucks out, two men per truck and people did bring out their trays out
to the curbside for curbside pickup, and it worked very well. Today wasn't so
W
good.
=.x
Commissioner Plummer: How many trucks do we have?
Mr. Odio: Three.
122 February 1 , 1990
Mr. Ingraham: Three.
Commissioner Plummer: And how much did we pay for the trucks?
Mr. Ingraham: Approximately $90,000 per unit.
Mr. Odio: It was two hundred and some thousand, $200,000.
Commissioner Plummer: $200,000?
Mr. Odio: Two hundred and some thousand dollars.
Commissioner Plummer: For all three?
Mr. Odio: Yes, air.
Commissioner Plummer: And that comes from that demonstration money?
Mr. Ingraham: Yes, it does.
Mr. Odio: Yes.
Mr. Ingraham: Everything.
Commissioner Plummer: OK. Nov, with...
Mr. Odio: I do believe we have a... we should really look at this very
carefully and let the trial period go through...
Commissioner Plummer: Seven years?
Mr. Odio: No, I think we should be able to determine if recycling will work
by six months.
Commissioner Plummer: OX. So you'll bring it up for automatic review in six
months.
Mr. Odio: You understand the advantage of the recycling is the future because
this tonnage that we are picking up and selling is also deducted from the
tonnage that we pay the County for disposal, so...
Commissioner Plummer: Last night on television, just for your edification, I
don't know if it was right or wrong, but it was stated that you're really not
going to be able to -sell the paper and the metal and the glass because there
is going to be such a tremendous glut.
Mr. Ingraham: That's not really correct, you see...
Commissioner Plummer: OK, I'm just telling you what I saw on TV, whether
true...
Mr. Ingraham: Yes, the vendor may not be able to sell, but we will have our :
check. The people we are selling to may have a problem in the market,
because it fluctuates.
Commissioner Plummer: Well, that's... it is always going to depend on what
they pay you for it.
Mr. Ingraham: That's true too.
Mr. Odio: But also we are going into another area that is called composting,
by the way.
Vice Mayor Dawkins: OX, one other question, Mr. Manager, and I'll be
finished. Item 10 in here says, °The contractor shall provide 15 days advance
notice in writing in the event of a significant reduction in its acceptance of
recyclable materials from the City. Now, what do we do if the stuff piles up
and they will not take it?
Mr. Ingraham: They have an agreement with us to take it. If that be the
o into the market ourselves It does net
case, then Commissioner, we can g
preclude us from then going nationally or internationally to try to get rid of
it ourselves.
123 February 15, 1990
Vice Mayor Dawkins: But if an individual or firm has been purchasing it from
us and they have a stockpile because they can't get rid of it, what's going to
make us in a better position to get rid of it?
Mr. Odio: Those are the things that I am concerned about. This is a
nonexclusive contract. We would have to find another buyer. And if It
doesn't work, then we are going to have go and dump it in the County.
Mr. Ingraham: And we are looking now for additional vendors as we speak, so
that's something that will help us get around If that happens.
Commissioner Plummer: How many households in this project?
Mr. Odio: 3,000, I believe.
Mr. Ingraham: In the total project, when go into it complete, it will be over
8,000. Right now it is approximately 3,500 as we're going into it now.
Commissioner Plummer: And will the three trucks do all 8,000?
Mr. Ingraham: Yes, they will.
Vice Mayor Dawkins: No further discussion?
Commissioner Plummer: Are we still under or are we finished?
Vice Mayor Dawkins: We're still under on 8.
Commissioner Plummer: We're finished? I'll move it.
Vice Mayor Dawkins: Moved by Commissioner Plummer.
Commissioner De Yurre: Second.
Vice Mayor Dawkins: Seconded, item 8. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plwmner, who moved
its adoption:
RESOLUTION NO. 90-149
A RESOLUTION WITH ATTACTOIENT, AUTHORIZING THE
EXECUTION OF A NON-EXCLUSIVE AGREEMENT, IN
SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO WITH
MIAMI RIVER RECYCLING/ATLAS IRON COMPANY, JOINT
VENTURE, FOR THE PURCHASE OF RECYCLABLE FERROUS
MATERIALS AND WHITE GOODS DUE TO THE IMPLEMENTATION OF
"THE CITY OF MIAMI-RECYCLES", A RESIDENTIAL CURBSIDE
RECYCLING COLLECTION PROGRAM, BY THE DEPARTMENT OF
SOLID WASTE, UNDER THE SAME PRICES QUOTED TO
METROPOLITAN DADE COUNTY AND UNDER THE SAME TERMS AND
CONDITIONS PURSUANT TO THE ATTACHED CONTRACT BY AND
BETWEEN METROPOLITAN DADE COUNTY AND MIAMI RIVER
RECYCLING/ATLAS IRON COMPANY, JOINT VENTURE, SAID SALE
TO CONTINUE FOR ONE (1) YEAR FROM THE DATE HEREOF WITH
AN OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE YEAR
PERIODS, UPON THE APPROVAL OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
124
February 15, 1990
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
NOES: None.
ABSENT: Mayor Xavier L. Suarez
12. EXECUTE NON-EXCLUSIVE AGREEMENT WITH DURBIN PAPER STOCK COMPANY - FOR
PURCHASE OF RECYCLABLE MATERIALS DUE TO IMPLEMENTATIO14 OF "THE CITY OF
MIAMI - RECYCLES" (A RESIDENTIAL CURBSIDE RECYCLING COLLECTION PROGRAM,
BY DEPARTMENT OF SOLID WASTE).
Vice Mayor Dawkins: Item 9.
Commissioner Plummer: Move it.
Commissioner De Yurre: Second.
Vice Mayor Dawkins: Moved and seconded. Call the roll, Madam Clerk.
Commissioner Plummer: Looks like the Mayor is ahead of the recycling program
here.
Commissioner Alonso: I know!
NOTE FOR THE RECORD: MAYOR SUAREZ REENTERED THE MEETING AT 4:30
P.M.
The following resolution was introduced by Commissioner Plummer, who moved
Its adoption:
RESOLUTION NO. 90-150
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE
EXECUTION OF A NON-EXCLUSIVE AGREEMENT,
IN
SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO
AND
MADE PART HEREOF WITH DURBIN PAPER STOCK COMPANY
FOR
THE PURCHASE OF RECYCLABLE MATERIALS DUE TO
THE
IMPLEMENTATION OF "THE CITY OF MIAMI-RECYCLES", A
RESIDENTIAL CURBSIDE RECYCLING COLLECTION PROGRAM,
BY
THE DEPARTMENT OF SOLID WASTE, UNDER THE SAME PRICES
QUOTED TO METROPOLITAN DADE COUNTY AND UNDER THE SAME
TERMS AND CONDITIONS PURSUANT TO THE ATTACHED CONTRACT
BY AND BETWEEN METROPOLITAN DADE COUNTY AND DURBIN
PAPER STOCK COMPANY, SAID SALE TO CONTINUE FOR ONE
(1)
YEAR FROM THE DATE HEREOF WITH AN OPTION TO RENEW
FOR
FIVE (5) ADDITIONAL ONE YEAR PERIODS, UNDER
THE
APPROVAL OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Do Yurre, the resolution was passed
and adopted by the following vote:
125 February 15, 1990
E
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I just want to take one quick look at 9. Yes that doesn't
create any kind of conflict.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: I noticed with interest that the County passed an
ordinance that said it was a punishable crime if anyone goes around and steals
this stuff for their own to sell it to these companies. Do we have such an
ordinance? If so, why not?
Mr. Ingraham: We have under Chapter 22 the ability to do that right now and a
part of the demonstration project, we're going to come back to you, if
necessary. Tampa, for instance, has even gotten a sworn officer from its
police department to do exactly that, but we are going to take a look at it.
We can do it with our existing Code Enforcement personnel, yes.
Commissioner Plummer: Do you state that in this magazine that it's illegal,
immoral and fattening to steal?
Mr. Ingraham: No, that is not articulated that way, but we have alluded to
the fact.
Mayor Suarez: Any future literature that is printed, make sure we have that
wording in big, bold print.
Mr. Ingraham: Yes, maybe not in the enact verbage, but we will do .that.
13. DISCUSSION CONCERNING MIAMI TELECOMMUNICATIONS, INC.'S (TCI) ALLEGED
NONCOMPLIANCE WITH TERMS OF THEIR CABLE FRANCHISE AGREEMENT - SET DATE
FOR PUBLIC HEARING IN APRIL TO HEAR EVIDENCE CONCERNING THIS ISSUE.
Mayor Suarez: Item 10. TCI status. I believe all of us received a letter
with yesterday's date. I think I received mine last evening at my other place
of business - from your attorneys. I'm not sure that I have, or any of the
Commissioners have had a chance to digest it, but I just want to clarify that,
in my particular case, it arrived at around 5:30 or 6:00 p.m. yesterday at my
place, my law firm, so I don't know what -
Commissioner Plummer: Well, why don't we listen to Sue Smoller tell us in her
words. What they've done, as I understand it here, is given us an answsr to
those areas of compliance that they say that they've met...
Mayor. Suarez: OK. That's a good idea.
Commissioner Plummer: ...and ask Sue whether or not she feels that that's the
case and, if so, why not.
Mayor. Suarez: OK, proceed, Sue.
Ms. Sue Smoller: Yes, Mr. Mayor and Commissioners. There were three major
issues. First of all, in the service interruption area, TCI has shown a
willingness to improve its service in this area. In the letter - the
statements that they've made in the two letters - appear to be implementing
the recommendations that we've made as staff over the past year and a half. I
think the proof will be in the reduction of outages and complaints to follow:
and we'll certainly keep a clear eye on that.
Mayor Suarez: OK, on that item, Vice Mayor Dawkins.
126 February Is, 1990
Vice Mayor Dawkins: Mr. Manager, have they replenished the money that we took
out of the fine?
Mr. Odio: No, not to my knowledge.
Vice Mayor Dawkins: All right, I don't want to hear nothing from them until
they put that money in. You see...
Mr. Donnie Bryan: It's not due... .
Vice Mayor Dawkins: No, ma'am, no, no, no now.
Mr. Bryan: It's not due till tomorrow.
Mayor Suarez: Wait, wait, wait, Commissioner is inquiring.
Mr. Bryan: Tomorrow is when the fund needs to be replenished.
Vice Mayor Dawkins: All right, well you guys come back after you have
replenished the fund and discuss this with me. You see, if you're going to do
this in, good faith, you should've paid and come in and said, "We've paid."
You shouldn't wait till the last minute, come here hoping that I might rescind
the fine. So, I move that this not be heard until the next meeting, when they
have paid the fine...
Commissioner Plummer: Can't do that.
Vice Mayor Dawkins: ...and we can discuss it.
Mr. Odio: May I ask a question?
Mayor Suarez: So moved. Let me just clarify one thing procedurally. The
item is on here, Commissioner.
Vice Mayor Dawkins: I told them in my office yesterday that they had to do
this.
Mr. Odio: Miller, I need to clarify something.
Mayor Suarez: Wait, wait, wait, Mr. Manager. I think it's on here at the
request of another Commissioner, so we ought to hear from that Commissioner.
Mr. Odio: But I wanted to clarify something.
Mayor Suarez: He may be persuaded by this particular argument to not hear
anything further on it. That's Commissioner De Yurre.
Mr. Odio: I need - I'm going to keep on taking the money out every day,
whether they pay tomorrow or not - that's what I wanted to know.
Commnissioner Plummer: No, but there's even one more thing. If they are in
compliance as of today, and you don't hear them, then I think you've got to
stop the fine.
Mr. Odio: That's my question.
Commissioner Plummer: That's as simple as that, if they're not supposed to
replenish this fund until tomorrow.
Vice Mayor Dawkins: Are they in compliance or are they trying to come into
compliance?
Commissioner Plummer: That's what we were trying to find out.
Vice Mayor Dawkins Are they in compliance, or are they attempting to come
into compliance?
Ms. Smoller: The company is attempting to come into compliance.
Vice Mayor Dawkins: All right. They're not in compliance, Commissioner
Plummer. Therefore, they are not entitled to the fine being stopped.
127 February 15, 1990
11
Commissioner Plummer: OK.
Vice Mayor Dawkins But if they were making arrangements to come into
compliance and they had paid the fine, I would feel like they were negotiating
in good faith.
Commissioner Plummer: May I...
Vice Mayor Dawkins: But I go through this every time, Commissioner Plummer.
Commissioner Plummer: May I inquire?
Mayor Suarez: Yes.
Commissioner Plummer: When you say - I think that in item - and I'll go item
one, two and three, because that's how it's listed.
Mr. Odio: But I tell you I'm confused, because this item was to report on the
negotiations between Sports Channel and Telecommunications.
Mayor Suarez: You mean, as requested by Commissioner De Yurre on that issue.
Mr. Odio: Yes, sir.
Mayor Suarez: Well, he's certainly entitled to get a report on that issue.
Might now, Commissioner Plummer is pursuing the other statements that were
made by Sue Smoller before we decide...
Commissioner Plummer: In reference to item one, interruption of service, I
think that they have demonstrated to me by this explanation that they are in
compliance. Not trying to, but in compliance. OK? Now, minority business
enterprise participation. I read what they put here. Is it your
interpretation that that is in compliance, or attempting to be in compliance?
The point• I'm trying to make - that three items in my mind justify the amount
of $2,500. Now, if they are in compliance with one item and still two
remaining, then I think that the fine should be dropped proportionately. OK?
Now, I'm asking again, in your estimation, Sue, item number two, are they in
compliance or attempting to be?
Ms. Smoller: They are attempting to come into compliance, sir.
Commissioner Plummer: OK, on item three, Training, are they in compliance or
attempting to be in compliance?
Ms. Smoller: They are attempting to be in compliance, sir.
Commissioner Plummer: So, then, the only thing in your estimation that they
are in compliance is on one?
Ms. Smoller: I believe that they have passed the point of attempting and are
in compliance, sir.
Commissioner Plummer: OK, that's what I needed to know. Now, you all go from
there because I, then, based on Commissioner Dawki.ns's request, would reduce -
and I'll let the City Attorney determine whether we reduce their fine by one-
third, or whatever. They are in compliance, at least with one, and if they
get another one, then we'll drop the fine again. But I think that that's what
we're striving to do, and if they have demonstrated in compliance with one...
Vice Mayor Dawkins: I would rather drop the whole thing, than to sit here and
be humiliated again. Every time we fine this cable company, this cable
company has been able to come here and jockey around the fine. They get three
votes, and it happens, OK? That's great. Now, if that's what you want to do,
stop the fines as of today, but don't sit here and find ways to help them get
around doing what we told them to do. Now, if they after - How many years
have they had this contract?
Ms. Smoller: It's been since 1981, sir. Nine years.
Vice Mayor Dawkins: And it's now 1990. In nine years these people have
failed to do the things we're discussing now, and now they come back today and
128 February 15, 1990
you tell them, well, look, yeah you made an effort, and you're doing all
right, therefore no, we will not fine you. That's just not right. If ve had
not given them every doubt before now, I could be in favor of it, but every
time we fine them, they come in here and soft soap us, and we say, oh yen,
you're doing a good job, go back. So what incentive do you give them to come
up to snuff and do what they're supposed to do?
Commissioner Plummer: The incentive, Commissioner, is that they have resolved
one of the issues and we would proportionately lower the fine. With the
incentive that if they resolve another one, we'll reduce it, and if they
resolve all three, they absolve themselves of fines. I did not make a
determination. It was not mine as to whether they were or were not in
compliance. That's what we have Sue Smoller for. Now, that was the only
reason.
Mayor Suarez: OK, but you've made a determination that you think that out of
the three items being found that they were not in compliance, if one is now in
substantial compliance, you want to reduce the fine by one-third, and that's
your motion. And that's what he was arguing, too.
Commissioner De Yurre: Let me clear something. When this fine was imposed,
never was it discussed that it would be eight hundred, or whatever amount for
each...
Mayor Suarez: No, it was not, you're right. It was a global figure.
Commissioner Plummer: No question.
Commissioner De Yurre: In fact, there could be one violation that would
warrant the $2,500, theoretically.
Commissioner Plummer: I haven't made the motion, but I would be willing to,
is an incentive to reduce the others. That's my incentive.
Vine Mayor Dawkins: I'm going to give them an incentive right now. Ms.
Smoller, what is...?
Mayor Suarez: Commissioner, were you ready? I'm sorry. Commissioner Alonso
was ready to speak, please.
Vice Mayor Dawkins: Let me ask one question, please.
Commissioner Alonso: Yes.
Co=nissioner Dawkins: Mr. Quinn. What is the procedure to get another cable
company in here to give this one some competition? What is the procedure?
Commissioner Alonso: I was going to make that motion because I request....
Vice Mayor Dawkins: All right, well, let's find out -
Commissioner Alonso: I asked for a legal opinion.
Vice Mayor Dawkins: Oh great, go right ahead. I defer to you, then.
Mayor Suarez: Commissioner Alonso, then.
Commissioner Alonso: Yes, I requested a legal opinion and I was told that it
was acceptable to get open for another company. That's what I was told by the
legal opinion that I have in front of me, so it is acceptable that, we put up
an RFP for another cable franchise. Competition is always good.
Commissioner Plummer: Mr. Mayor, it's my understanding, because I was here on
the initial. It is my understanding that at any time anybody is interested in
coming in here and offering the City a package to put in another franchise,
they can do it. This is a non-exclusive franchise.
Mayor Suarez: That's what she just said.
Commissioner Plummer: All they've got to do is put their package together, go
to the City Manager and say I want a franchise. Her will process it, bring it
here, we will approve it or disapprove it.
129 February 15, 1990
Mayor Suarez: Isn't that the import of that legal opinion?
Mr. Jones: Yes, it is, Mr. Mayor. —
Mayor Suarez: Very good. So we're all in agreement. —
Commissioner Plummer: So, all you have to do is to let the world know that if =
anybody is interested, come knocking on the door.
Vice Mayor Dawkins: All right, Mr. City Manager...
Commissioner Alonso: That's exactly what we want to do.
Vice Mayor Dawkins: ...Mr. City Manager, prepare an announcement to be put in
every paper in the City of Miami that the City of Miami is now seeking,
actively, competition for TCI. And if you come in with a proposal, this
Commission - and I think it's three votes up here - will look favorably on
your being in competition with this company. _
Commissioner Plummer: This is one vote that would be. I think that
competition is healthy.
Commissioner Alonso: I do, too. `-
Vice Mayor Dawkins: Well, that's fine and good.
Mr. Odio: Yea, sir, I'll do it right away.
Vice Mayor Dawkins: Do it right away, sir.
Mayor Suarez: Commissioners, I have a report to make, also, on one of the =
three items. One that is dear to my heart, which is the training facility. I
think it was also high on the minds of Vice Mayor Dawkins and some of the rest
of the Commission. I've sent a couple of my aides out to the premises where a
_
quote/unquote training facility existed, and I want to report to both of you -
more or less what they found in very brief terms. They found a facility which =
does have some equipment where it could be, on a continuous basis, a training
facility. However, training programs take place, as they were told, toughly
on a once a month basis and, again, on a yearly basis, I guess, for all
employees. That's still not what I have in mind for a training facility,
although it's nice that you have, apparently, some of the equipment, you have
a location, you do have some training programs - I think of it as a training
center. Am I, Mr. City Attorney, on valid grounds when I say that we can
require a training center as opposed to just training programs?
Mr. Jones: The ordinance requires a job training center.
Mayor Suarez: Job training center. And that, to me, is short of a job
--
training center, what they saw. I have to admit that I didn't go out there
myself. I just haven't had the time, but that's what they have reported to
me. Anythfng further on this item? I know Commissioner De Yurre had also
wanted to inquire about the - is it Sports Channel?
Commissioner De Yurre: That was the purpose for the item to be on the agenda.
-
Mr. George Simon: Can I make a comment? I'm George Simon, of TCI.
Vice Mayor Dawkins: Are we suspending the fine? Or does the fine go on?
Because I need to knew.
=
Mayor Suarez: There's been no vote on that, so there's rescission of the fine
at this point. It's still pending.
Mr. Simon: Beyond the fact that...
Mayor Suarez: Give us your name, please.
Mr. Simon: George Simon - I did. ...that we're looking for a building, a
facility, I guess the bigger question is, what do we intend to do with the
facility? And that is to train people. And I think that the plan that valve
submitted, as it relates to what we propose to do, to train citizens of the
130 February
2£ 'r
9
City of Miami to work in the cable industry, is a good plan. But, you can
have the biggest building in the world, but if you don't have students going
to that building that when they come out are able to do a job, then the
building does you no good. So, without giving us the opportunity to put that
plan in place, I think it's unfair to judge us beforehand, as it relates to
the facility.
Commissioner Plummer: Well, I think we go back to what the franchise calls
for, and as the franchise says very clearly, that you shall have it in place.
If you can't recruit the people to go there, shame on you. But the franchise
said you shall have it - not permissive - shall.
Mr. Simon: I have no problem with that. We do have it and we're working to
make it better. But the feeling that I get is that because it isn't what you
envision, right now, that, you know, we're guilty, totally guilty of not
complying in any way, and I think that...
Mayor Suarez: No, no, I didn't say that.
Commissioner Plummer: No, no, no.
Mayor Suarez: Like the other items, it sounds like you're headed in the right
direction. In fact, maybe I can be convinced at some point - if the
Commission can also be convinced - that that just simply is the maximum amount
of training that you require for your own employees. I hadn't thought about
that until just now, actually, but apparently there's sufficient other grounds
to keep the fine in place, unless somebody makes a motion otherwise.
Mr. Simon: We talked to Mr. Ivey Kearson.
Mayor Suarez: Just reporting to you our findings, you know, my staff's
f indings.
Mr. Simon: Right, and we laid our plan to him and, indeed, I thought we had
come to an agreement as it relates to getting his services and finding
students for our program - in fact, for people to work in the facility, and -
I guess I could go on and tell you everything we've done, but we've sent you
two letters telling you what we're going to do and what we've done. I can't
say any more than that.
Mayor Suarez: OK. Commissioners, anything further?
Commissioner Alonso: Yes, I'd like to ask - Mr. City Manager, how do we go
about getting the payment for the fine?
Mr. Odio: No, no. We have a fund that we're taking the money out of it -
Commissioner Alonso: But they are supposed to -
Mr. Odio: We have the money. Now they have to refund that.
Commissioner Alonso:
that?
But they are supposed to refund. How do we go about
Mr. Odio: Tomorrow they have to have a check, right?
Mr. Bryan: That's right.
Mr. Odio: Tomorrow morning, tomorrow afternoon - just bring me a check.
Mr. Bryan: By two o'clock.
Mr. Odio: Just bring me a check. That's it.
Commissioner Alonso: OK, good.
Mr. Odio: Now, we keep on the fines, but the fines keep adding up.
Commissioner Plummer: Mr. Mayor, to me, as an incentive, I would like to
reduce the fines to $2,000 a day. I feel that it's an incentive that if they
do better and eliminate the other problem areas, we'll reduce the fine
accordingly. I don't know that I can even get a second, but I think it's an "
incentive for them to do better. I would so move.
131 February 15, 1990
Vice Mayor Dawkins: Moved. Is there a second?
Mr. Bryan: Mr. Mayor, can we...?
Vice Mayor Dawkins: J.L. wants to reduce the fines...
Mr. Bryan: I think we have some...
Vice Mayor Dawkins: Hold it, sir, please. He asked for clarification. J.L.
wants to reduce the fines by $2,000...
Commissioner Plummer: No, sir. By 500, down to 2,000.
Vice Mayor Dawkins: ...because he feels that they have made a substantial
gain in complying.
Commissioner Plummer: No, that's not right, Mr. Vice Mayor. Let me put my
own words in my own mouth. I think that, out of the three items, I have been
instructed by Sue Smoller that they are in compliance with one of the three,
and, as such, I feel that if we reduce the fine by $500 it would be an
incentive for them to eliminate either one or both in a quick fashion -on the
remaining two. I didn't say they were in substantial compliance in any way,
shape or form. Out of the three items, one out of the three is not
substantial.
Vi M D ki OK Mr Cit Attorne
ce ayor aw ns. , y y.
Mayor Suarez: I'll second the motion.
Vice Mayor Dawkins: You second the motion? Now you just told me you have
business to attend to and you'd be leaving, and now you second the motionl
OK, Mr. City Attorney.
Mr. Jones: Yes, Mr. Vice Mayor.
Vice Mayor Dawkins: Mr. Plummer has said he wants to reduce the fine as an
incentive for them to continue to meet the guidelines, OK? Now, my incentive
to them, if they don't meet the guidelines, I'm going to do all I can to take
their charter, or their franchise. Now, I want you to know what my incentive
is for them to come into compliance.
Commissioner Plummer: Excuse me; did we not set a deadline date for
compliance with the franchise?
Vice Mayor Dawkins: No, we did not.
Commissioner Plummer: Well, then, I think that ought to be done.
Vice Mayor Dawkins: Well, then, let's handle one thing at a time. Let's see
what we're going to do with reduction of the motion.
Commissioner Plummer: Wait a minute, excuse me, I thought at the meeting
before...
Mr. Bryan: Mr. Plummer, if I may -
Mayor Suarez: If you have a $2,500 a day fine, you've got a great incentive
for them to comply. You don't have to worry too much about deadlines - I
mean...
Commissioner Plummer: No, no, no, he makes a good point. His point is that
maybe that's the cost of doing business - $2,000 a day from now ad infinitum.
OK? Now, I think there's got to be an agreed -upon date, a reasonable state,
for them to come into compliance and, if not, then - I thought that was done
before, that if they didn't do it that we would go through -� You outlined the
procedure, that we had to have a public hearing to have a hearing here, to
revoke their franchise. Wasn't there a date set to that? I thought there
was
Mr. Jones: I'm not aware that there was. a date set, but certainly -the
ordinance does specify a procedure in the event that you, as the Commission,
make a determination that you want to revoke their license agreement.
132 February 15, 1990
s
�4
Commissioner Plummer: OK, then, I see nothing wrong with saying that they've
_
got 90 days in which to come in compliance, full compliance, and if they don't
-
then we'll through the procedures of holding the hearing to revoke the
franchise. I have no problem with that.
_
Vice Mayor Dawkins: Ninety days from the first day we started this...
--
Commissioner Plummer: From today.
Vice Mayor Dawkins: No, see, we're going through the same stuff again.
Commissioner Plummer: We're putting them on notice today.
=
Vice Mayor Dawkins: Ninety days on top of what we already gave them.
Co:mnissioner Plummer: Miller, you started...
Commissioner De Yurre: Sue, do you have any report on the complaints? have
i
they gone down at all lately, or where are we at?
-
Ms. Smoller: The complaints are, for the month of January, were ten percent
higher than December. The outages were 35 per cent higher in January than
_
December. Now, in February, so far, for the first half of the month, they
continue high, but if the trend continues it is going to decrease slightly
from that level in January.
Commissioner Plummer: Give me an idea - how many complaints a day? Because,
when we looked at your chart before we saw that...
Mr. Bryan: I'll tell you why that happens. The first thing we've agreed to
-
do is replace all the power supplies...
Commissioner Plummer: Excuse me...
Mr. Bryan: ...which create the outages.
-
Commissioner Plummer: You don't work for me, sir. I've asked a question of
-
an employee.
Mr. Bryan: I feel like I do.
Mayor Suarez: Commissioner Plummer's inquiring - who are you inquiring of our
staff - Ms. Smoller?
Commissioner Plummer: Yes, Sue, give me a typical day. How many complaints?
Ms. Smoller: All right, it varies very much from day to day -
Commissioner Plummer: I understand that.
Ms. Smoller: So that it really...
Commissioner Plummer: A typical day.
Ms. Smoller: I would rather look at on a month's basis, sir. It's very
difficult.. .
Commissioner Plummer: I can divide by thirty.
Ms. Miller: OK, good. In December, let's say there were 80 divided by -
because we don't work weekends - it would be twenty, so it would be...
Commissioner Plummer: Four complaints a day.
Ms. Smoller: ...four. In January it was 94. Now we're talking about letters
that we actually write.
Commissioner Plummer: OK, but that's what you call a complaint.
Ms. Smoller: We're not talking about categorized complaints. No, what we
call complaints, there were 415 in December and 454 in January.
133 February 15, 199#
A
Commissioner Alonso: My goodneasl
Commissioner Plummer: That's on a month's basis?
Ma, Smoller: Yes.
Commissioner Plummer: OK, thank you.
Vice Mayor Dawkins: Any further discussion?
Mr. Bryan: I'd like to make a couple of comments, Mayor, if I could. The
first thing is, on the three issues, we think we have demonstrated through the
information we provided yesterday that we have satisfied all three of the
criteria. I'm almost surprised that Sue over here agreed that we had done
even one. I don't know how we're ever going to come to an agreement that
we've done it or not. We think we've done it. What is the mechanism where we
say we have satisfied the agreement? Her opinion is that we haven't on two.
How do you solve that issue?
Commissioner Plummer: That's simple. It's called a public hearing for
revocation of franchise.
Mr. Bryan: That's beautiful. We'll go along with that. That's great.
Mayor Suarez: And prior to that, a public hearing, as we've been having for
imposition of the fine. Now, you've got certain procedural appeals, and all
that, and you've got all kinds of other methods of redress, but so far I think
we've been playing in good faith with you and you, perhaps, have been playing
good faith with us. That partly is the motion today, to indicate that you
have made some improvements.
Mr. Bryan: And I think the second point we would like to ask is, the meeting
we attended in December, your City Attorney made the statement that we were
not in noncompliance on any part of the franchise.
Mayor Suarez; I don't remember that.
Mr. Bryan: It's in the minutes.
Commissioner Alonso: Did you listen?
Mr. Brian: The City Attorney.
Mayor Suarez: That you were not in noncompliance?
Mr. Bryan: We were not in noncompliance on .any parts of the franchise. We
come back 30 days later and then we get into these issues and start processing
penalties.
Commissioner Dawkins: That's right. That's them. That's typical of them.
Mayor Suarez: I don't remember that...
Mr. Bryan: I would like to hear his opinion on...
Mr. Jones: Excuse me, you said that I made a representation that...?
Mayor Suarez: No, no.
Mr. Jones: The City Attorney made a representation?
Mr. Bryan: We would like to hear his opinion...
Mayor Suarez: This was during a Commission meeting?
Mr. Bryan: Yes. And we would like to hear his opinion on if he believes that
proper procedure was followed at the January llth meeting, proper notice and
cure...
Vice Mayor Dawkins: Her comes a lawsuit, be sure you all clear up everything.
134 yebruary 15, 1990
0
-? Mr. Bryan: Proper notice and cure. Of course, we're on camera right here,
so we would like to hear that opinion.
Mr. Jones: Mr. Mayor, I think what was conveyed to you in December, the
question was put to the City Attorney as to what was the standard or the basis
for revocation of the franchise. The response that the City Attorney gave you
was that the ordinance requires that there be substantial or material
noncompliance. I think you also asked him at that time, whether in fact, the
company had demonstrated material noncompliance, and his answer was no. And,
also, I think you also requested from Ms. Smoller, who gave you a definition
of what the industry standard was in terms of what material noncompliance was.
In essence, what was conveyed to you was that there was not, notwithstanding
the fact that they were in violation of certain provisions of the ordinance,
It was not tantamount to a material breach which could cause you to revoke the
franchise. That was the opinion that was given you.
Mayor Suarez: You think it was directed at the issue of a material breach
which would ,allow us to revoke the entire franchise?
Mr. Jones: Right, correct.
Mayor Suarez: Let me say one other thing, if I may, Mr. Chairman, Vice Mayor
Dawkins, since that meeting, there has been a lot of factual information
provided to this Commission by our own staff. There was the January history,
which was not a felicitous one for you, and the rest of December - I think you
were referring -to a December 11 meeting, was that it?
Mr. Jones: I think that was the meeting.
Mayor Suarez: Which was awful, and, more importantly, since then - and I hate
to give credit to this particular institution - but the Miami Herald did a
very interesting comparative analysis that I have mentioned to your assistants
and to your attorneys that puts you in a very, very negative light. I have to
tell you this, if that comparative analysis is correct, you've got major
problems in terms of the number of complaints per subscribers that you have,
compared to every other cable company. I think you have the worst rate. I
didn't actually calculate them, but I think you have the worst rate on a per
capita basis. So whatever we may have said on December llth, the more we delve
into this, the more we find problems with the agency, although we also
recognize that you are making efforts, and no on. And that's what this motion
entails. I mean, you maybe ought to get a vote on the motion before you get
yourself into hotter water with the Commission.
Mr. Odio: Why don't we give them 60 days to comply from today, or we start
franchise removal.
Vice Mayor Dawkins: Well, let's get through with the fine first, and then
I'll move that motion when we get through with the vote on the reduction of
the fine.
Mr. Tony Bello: Mr. Mayor, on the two items that staff has, said we are in
noncompliance, those two items are two that we are in the process of being in
compliance with. Number one, the minority business development issue. We
have spent, in the year that we were audited, we spent well over the
requirement that the City prescribes that we spend with minority firms. We
are rectifying it as far as the division between Hispanic firms and Black
firms. That is something that is going to be cured in 1989, and it is
something that is being cured even as we speak.
Mayor Suarez: It's a little tough to speak of 1989 in the future, but I think
I know what you're saying.
Mr. Bello: There is no way that we - in 60 days we're going to have the same
mechanism in place that we have today.
Mayor Suarez: We're not even on that motion. Mr. Chairman, explain to...
Vice Mayor Dawkins: I tried, but I don't want them to think that I'm being
rude in cutting them off. I mean, you're not speaking to the point, sir.
Mayor Suarez: We're reducing - there's a motion to reduce the fine based on
some partial compliance, as deemed by this Commission.
135 February 15, 1490
Vice Mayor Dawkins: That's all we're voting on, sir.
Mr. Bello: We feel that we are in compliance with all three issues.
Vice Mayor Dawkins: But we don't, and we're paying a professional. That's
the professional - Hold it, now, waits They pay you to tell them what you
want to hear. We pay her to tell us. Now, she has given us her professional
- advice. Now, we are voting, now, sir, on the reduction of the fine. Now,
when we get through voting on that, we'll go into something else.
Mr. Bello: OK.
Vice Mayor Dawkins: That's all we're discussing now.
Commissioner Plummer: Commissioner Dawkins, you might be surprised to learn
that they also pay her. They provide the money for her office.
Vice Mayor Dawkins: They're not doing me no favor. They pay her because I
allow them to operate in the City -
Commissioner Plummer: That's correct.
Vice Mayor Dawkins: So they're not giving her nothing. So don't you make the
public think that they're benevolent and giving her something.
Commissioner Plummer: Oh, no, no, no.
Vice Mayor Dawkins: All right, then, let's make sure that we understand that.
Commissioner Plummer: Much to the contrary.
Vice Mayor Dawkins: All right. Any further discussion from the Commission?
Read the motion, Madam Clerk.
No. Hirai: The motion is to reduce to $10,000 per day...
Commissioner Plummer: How much?
Ms. Hirai: $2,000 per day - reducing 500, so they will only pay $2,000 per
day. It used to be twenty-five.
Commissioner Plummer: I think it would be better understood the way I said
it, and that is to .reduce the fine by $500 a day to the tune of 2,000.
Ms. Hirai: Yes, sir.
Commissioner Plummer: That's the motion.
Vice Mayor Dawkins: Motion understood. Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY MAYOR SUAREZ TO REDUCE THE FINE PRESENTLY
PAID BY MIAMI TELECOMMUNICATIONS, INC. (TCI) BY $500 A
DAY, LEAVING SAID FINE AT $2,000 A DAY, FAILED BY THE
FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
ABSENT: None.
Mayor Suarez: As of now, the present imposition stands at $2,500.
Vice Mayor Dawkins: For oncel
y
Mayor Suarez: Let me advise the Commission that we do have an item that's
supposed to begin at five. If anybody wants to, very briefly, present a
motion on the issue of the number of days before, if we don't find substantial
compliance, we would be inclined to rescind the entire agreement, or cancel
it, whatever the proper term is, we could entertain it at this point, but,
please, without any further argument. I think we've heard all that's
substantive. We will let you have your statement and then we will vote.
Commissioner Alonso: I think probably 60 days -
Mayor Suarez: From?
vmmmmms Commissioner Alonso: From today seems like a reasonable amount of time.
Vice Mayor Dawkins: And, at the end of the 60 days, if they're not in total
compliance we revoke their license? Second the motion.
Commissioner Plummer: No, no.
Commissioner Alonso: Right.
Vice Mayor Dawkins: Second the motion.
Commissioner Plummer: You start the procedure to revoke.
Vice Mayor Dawkins: Yes, start the procedure to revoke.
_ Mayor Suarez: OK, stated that way, I would have no problem voting for it and
I can't imagine any Commissioner having any problem voting for it. We have a
motion and a second. Do you want to address that very briefly? You
understand that the Commission consensus, I think, is that we have to have,
eventually, full compliance. Sixty days sounds like about as good a period as
any and it's fairly generous, but go ahead and try us, if you want.
Commissioner De Yurre: Does that mean that it automatically triggers in the
procedure?. Or in 60 days there'll be...
Mayor Suarez: I don't know what the procedure is.
Commissioner De Yurre: ... on the agenda for us to proceed.
Mayor Suarez: Counselor, what would the procedure, based on that motion?
Commissioner Plummer: Counselor!
Mayor Suarez: What would the procedure, based on that motion, if upon the
expiration of 60 days the Commission were to find right then and there that
there was still not substantial compliance? What would we do?
Mr. Jones: You'd have to make specific findings and, at that time the
ordinance requires that a public hearing be scheduled, and at that time of the
public hearing would be pretty much like what we went through before, with
both sides presenting evidence to support the allegations.
Commissioner Alonso: But, at the and of the 60 days, if they're not in
compliance, can we start the procedure? Yes or no?
Mr. Jones: You crxn schedule a public hearing at that particular point in
time.
Vice Mayor Dawkins: Mr. Mayor - can we build into the motion, Mr. Attorney...
Mayor Suarez: That public hearing.
Vice Mayor Dawkins: ...that at the end of 60 days, we're having a public
hearing, and at that public hearing, we will determine if they're in
compliance, or if they're not, and then we're going to discuss at that 60 days
the revocation of the license.
Commissioner Plummer; You're putting the cart before the horse.
137 February 15, 1990
J
Mayor Suarez:
-� Attorney?
Are we able to do that, if we're inclined to do that, Mr. City
Commissioner Plummer: You cannot - I don't think you can start a public
hearing until we have established that they are or are not in compliance.
Mayor Suarez: Let's see if the City Attorney can answer that, J.L., so we can
go on.
Mr. Jones: Mr. Mayor, at the end of the 60 day period, you would have to make
a determination that there has been material noncompliance which would justify
revocation of the license. At that point you would be required to set a date
for a public hearing wherein the public would be allowed to participate.
Mayor Suarez: All right, the beat we can do, Commissioner, Vice Mayor
Dawkins, is to go ahead and, by self-executing manner, say that on April 26th
we will have a public hearing on this issue - is that OK, Mr. City Attorney?
Am I going OK, so far?
Commissioner Plummer: How about April 26th instead of a special hearing.
Mayor Suarez: That's what I meant. I'm sorry. I thought I said April 26th.
Vice Mayor Dawkins: Yes, he said April 26th.
Mayor Suarez: On April 26th, we would have a hearing on this item, and that
could be advertised as soon as you find proper, unless otherwise instructed by
the Commission.
Vice Mayor Dawkins: And put in the notice that I told you about seeking new
competition.
Mr. Odio: No we'll start that tomorrow, Commissioner.
Vice Mayor Dawkins: Yes, do that tomorrow, and also put in there that anybody
who got any complaints about TCI, put them in writing and send them to these
Commissioners, so that I can see, because they seem to think that I'm the only
one who says they're not complying.
Mr. Jones: Mr. Mayor, Mr. Vice Mayor, a quick clarification. Would this be a
special hearing to consider revocation?
Mayor Suarez: No, not specially, if you mean that it would not be during that
regular session, special in the sense of complying with whatever we have to
comply.
Mr. Jones: All right, fine.
Mayor Suarez: All right, one other thing. Commissioner De Yurre is pointing
out that we ought to make it the second regularly scheduled meeting in April,
as opposed to a specific date, so long as it's not less than 60 days from
today, just in case we happen to change that. But always keeping in mind,
please, Mr. Manager, and all your calendaring assistants, remind us that we'll
have a problem if we try to handle this on a second meeting in April if it
turns out to be less than 60 days from today. I guess that is very —Well, I
suppose we could do it. It is almost impossible. You would have —in any
event, I don't think that will be a problem. OK, we have a motion and a
second. Any discussion? Did you want to address that very briefly?
Mr. Bello: Mr. Mayor, we feel that we are in compliance with the two items
that you - staff claims we are not. And that can be verified by Mr. Ivey
Kearson and the City Manager, whom we have submitted a detailed plan for
training of Miami residents on that issue.
Mr. Odio: Tony, I don't want you to put Ivey on any spot, but I'm going to
tell you this. I'm going to meet with you and we're going to tell you what
noncompliance means according to the City. And if you agree, fine. If you
don't, fine, too. But I suggest that you start thinking that you are in
noncompliance so that you can correct your problems, and then we can come back
in 60 days.
138 February 15, 1990
a
Vice Mayor Dawkins: And Mr. Ivey Kearson cannot speak unless the Manager asks
him to come to the mike. He does not work for TCI. He works for the Manager,
and I suggest he has a seat until the Manager calls him up to speak.
Mr. Jones: Mr. Mayor, if I might, just in anticipation of possible
litigation, I think, for purposes of protecting the record, I think that the
Administration should put on the record the reasons for, or reasons she
considers that they're not .in compliance with those two.
Mayor Suarez: I thought we've gone through that.
Commissioner Plummer: No, she merely answered a question, yes or no.
Mr. Odio: What I prefer to do, City Attorney, is have a meeting with them and
we tell them in writing what noncompliance means according to us and if they
want to sign...
Mayor Suarez: For purposes of the record today, Counselor, I think we've
delved pretty much into the reasons why we find at, this particular point,
that there's not substantial compliance. Now, the Manager maybe ought to be
absolutely sure, put in writing anything between now and the 60-day period,
yes.
Mr. Odio: They can sign off, and they cannot, but that's up to them.
Mayor Suarez: Right, do you want to address why we shouldn't pass that motion
that's pending?
Mr. Bello: On the other issue, of the minority business development, we have
begun contracting with another minority that will far exceed the City
requirement. We have exceeded the City requirement up to now.. We are
continuing to do this, and we are doing that today.
Mr. Odio: Tony, you said at the beginning...
Mayor Suarez: Mr. Manager, please let him complete his statement. We're
going to go on to the next item which is scheduled for five, and we're just
going to vote on this - hopefully without any further discussion. Anything
else, Tony, or anyone else from TCI?
Mr. Bryan: The only thing...
Mayor Suarez: Give us your name, one more time, on the record, please.
Mr. Bryan: Danny Bryan. We'd like to hear from Sue as to why she thinks we
are in noncompliance on the issue of minority participation. I mean that's a
black...
Mayor Suarez: Would you please make your statement, and we're going to vote,
and I don't want you to inquire of any City staff person any more. That.is
not the procedure that we've established. Finish making your statement, if
you have anything further to say on this motion.
Mr. Bryan: We haven't anything else to say.
Mayor Suarez: All right. Any further discussion from the Commission? If
not, please call the roll.
09 Febru;fry l5, 1990
0
The following motion was introduced by Commissioner Alonso, who moved
Its adoption:
MOTION NO. 90-151
A MOTION OF THE CITY COMMISSION SETTING THE DAY OF THE
SECOND COMMISSION MEETING IN APRIL (PRESENTLY APRIL
26TH) AS THE DAY FOR A PUBLIC HEARING TO HEAR EVIDENCE
CONCERNING ALLEGED NONCOMPLIANCE BY MIAMI
TELECOMMUNICATIONS, INC.'S (TCI) WITH THE TERMS OF THE
CABLE FRANCHISE AGREEMENT; FURTHER STIPULATING THAT IF
TCI WERE TO BE FOUND IN MATERIAL NONCOMPLIANCE WITH
THE TERMS OF ITS CABLE FRANCHISE, THE CITY COMMISSION
WOULD IMMEDIATELY DIRECT THE CITY ATTORNEY TO TAKE ALL
NECESSARY STEPS FOR REVOCATION OF ITS LICENSE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES:
NOES:
ABSENTt
Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
None.
Commissioner J. L. Plummer, Jr.
Mayor Suarez: Mr. Manager, if not for the very specific time, would you make
sure that someone from TCI is here to answer Commissioner De Yurre's questions
on the other item. Why don't we go through the item we scheduled for 5:00
p.m. I know we took this whole thing based on your request to have it heard,
but...
Commissioner De Yurre: Yes, we were supposed to discuss Sports Channel, but
somehow we never got to it.
Mayor Suarez: Right, as long as they're around, we can get into that in a few
minutes.
lk. APPROVE USE OF TWO ACRES OF CITY -OWNED FERN ISLE NURSERY SITE BY
MUNICIPAL TRUST FUND CORPORATION REGARDING DEVELOPMENT OF A COMMUNITY
SERVICE FACILITY (-CASA PROJECT") - AUTHORIZE EXECUTION OF REVOCABLE
PERMIT.
Mayor Suarez: All right, we are on item, what is it, the S:OO o'clock
specially scheduled item is which?
Mr. Odio: Thirteen.
Mayor Suarez: Thirteen. Counselor, who do we hear from first? The City
Manager's recommendation first, or do you still have an alterrative
recommendation?
Mr. Odio: We are prepared to recommend a property in this location so that
they can build the Municipios House.
Mayor Suarez: Which one are you recommending, Mr. Manager?
Mr. Odio: Dr. Prieto will make the... show you where we would like to...
Commissioner De Yurre: But which one of the two is it?
Mr. Odio: Well, let me tell you.
Dr. Prieto: Let me explain.. I'm trying to get the projector going, but it
won't light up. Let me explain. There are two...
140 February 15, 1990
Commissioner Plummer: Yes, and in your explanation, would you please tell me
how can you stop...
Commissioner De Yurre: What is the address of the property you are
recommending?
Dr. Prieto: OK, what...
Mayor Suarez: Dr. Prieto, in answering your question, let me as chairman tell
you the first question you must answer is which of the sites are you
recommending, if any? Then you may explain anything further, or answer
Commissioner Plummer's questions as to why.
Dr. Prieto: Yes, sir. To answer your first question, we're recommending the
nursery at 14th Street, sir, and...
Mayor Suarez: And what avenue, roughly?
Dr. Prieto: Yes, basically it is...
Commissioner De Yurre: Why are you showing us the other property, then?
Commissioner Plummer: Yes, and I want to know, on that particular property,
where is the cockamamie $2,000,000 cost factor come that's now been over night
reduced to $500,0007
Dr. Prieto: Well, what $2,000,000, sir?
Commissioner Plummer: The Manager told us that that site on llth Street,
OK?... on llth Street, that because of all of the fill and everything there,
that there was going to be a $2,000,000 cost factor to...'
INAUDIBLE BACKGROUND COILMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Who did?
Dr. Prietos I don't know, sir. $500,000 is the figure we have always used.
Mr. Odio: I've never thought of over $2,000,000.
Commissioner Plummer: I stand corrected.
Dr. Prieto: Incidentally sir, based on that, that's the cost to the City, We
believe that if the citizens of the Municipios would have that site, they
would have spent an additional approximately $400,000 to $500,000 in addition
and just very briefly to explain it, it would include a now roadway, since we
are presently using the FDOT right-of-way. It would include the stabilization
of the shoreline. It would also include the clearing of the lot of some
debris that we have, some garbage, and some environmentally sensitive material
that we extract from our storm water systam and in addition would also include
new utilities that would have to come from 22nd Avenue plus Mace the
objections of the citizens of that area that also do not want the project to
be placed there.
Mayor Suarez: But that was not the question at this point. I think he was
asking about the cost of removal and so on, right, Commissioner.
Commissioner Plummer: Yes.
Dr. Prieto: Yes, that's included in $400,000 to $500,000.
Commissioner Plummer: And how are we describing that site so we don't get
them confused. What do you call that one?
Dr. Prieto: OK, that one is called Fern Isle Park.
Vice Mayor Dawkins: OK, that's...
Dr. Prieto: And this one is called the Fern Isle Nursery, so it's...
Mayor Suarez: That's great. That's great.
14l February 15, 1090
Commissioner Plummer: You're recommending the park?
Dr. Prieto: No sir, I'm recommending the nursery on 14th Street, sir and I
think we can allay some of the fears that were placed here before.
Mayor Suarez: And doesn't the park also border on 22nd Avenue?
Commissioner Plummer: No, it's behind.
Commissioner De Yurre: Mr. Mayor, we can expedite this a little bit? I have
no problem with the nursery, but I just want to know if there are any
opponents to that site, that they can get up and speak for the record for the
nursery, which is the one that is being recommended by the Administration?
Mr. Prieto: No, no, you're...
Mayor Suarez: Are there any persons here that wish to be heard in opposition
to our selection of the nursery site? OK, could you raise your hand, please,
those that are going to speak in opposition?
Ms. Jonnie Hoppe: The rest of them aren't here. They are coming but they are
not here yet.
Mayor Suarez: The rest of them aren't here, OK.
Commissioner Plummer: Mr. Mayor, for the record, you know...
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: We made, we the Commission made a promise to the people
of that neighborhood that we would not put the municipalities in the front,
that it would be a mini -park, based on the thing in the back. .Now, you know,
I don't want to delay this any further, any further. I would love to see the
other site be the one that's recommended because we made a commitment and now
and you are going to go back on that commitment without...
Commissioner De Yurre: But the commitment was based on the fact that we had
improper information here at the time, that they had a term that expired.
Ms. Hoppe: You didn't have the money.
Commissioner Plummer: That's not my point. The point that I'm trying to make
Is those people are relying on that commitment that was made by this
Commission and without notifying them...
Commissioner De Yurre: Oh, they've been notified, that 'a why they ,are here
now.
Commissioner Plummer: No, they have not. She said they are not here. She's
the only one.
Dr. Prieto: Yes, we...
Ms. Hoppe: We were not.
Commissioner De Yurre: No, no, this has all been on record...
Commissioner Alonso: We instructed them to notify the neighbors you did.
Dr. Prieto: Yes, there has been a public notification of this.
Commissioner Plummer: Oh, there has been?
Dr. Prieto: Yes, ,sir.
Commissioner Plummer: Oh, I'm sorry.
Commissioner Alonso: .They were notified.
,1
Commissioner De Yurre: In fact, I made sure that there was juaL for that same
reason that they have been led to believe some otherwise.
142 February 15, 1990
Dr. Prieto: I might be able to help to say that the actual project was
realized on the nursery, and that project integrates a park and playground
facilities that the Municipios is going to extend as a courtesy to the
t citizens of that zone, so in fact, they don't have a park now, but if the
Municipios places their project on the 14th Street property, the nursery, the
citizens will get themselves a free park and I think that's an outstanding
facility. They are conserving the tree coverage, they are in fact improving
the area substantially.
Commissioner Plummer: OK, as long as you tell me that the public if that area
were notified, that was only concern.
Mr. Odio: We still stand by our recommendation to go in the nursery.
Mayor Suarez: OK, Ma'am, give us your name and address and your argument.
_ Ms. Jonnie Hoppe. All right, my name is Jonnie Hoppe and I live at 2401,
across the street from the property that you are discussing.
Mayor Suarez: 2401, which street...
Ms. Hoppe: 14th Street.
Mayor.Suarez: ... Ms. Hoppe?
Ms. Hoppe: OK, now, first of all, when the average person, in the notice that
you sent out, indicated that you were just clarifying, it did not indicate
that you were going to change this. Did not in any way indicate that at all
to any others until we showed up down here, because to be perfectly honest, we
didn't trust you, and it turns out to be rightly so, OK?
Mayor Suarez: What you ought to exclude from the lack of trust, one of our
members who was not here when any of these commitments were made...
Commissioner Alonso: I might be included nowt
Ma. Hoppe: I understand that.
Mayor Suarez: You can still trust her to keep her commitments at least on
this issue because she wasn't involved in the initial commitment.
Ms. Hoppe: The second thing is, I believe when you initially showed this
plan, it was all in the front where the trees are and I just this :corning went
out and looked at that property again. There is no way you can build a
building in the front of that property without taking out at least half of
those trees and there are 32 oak trees that are at least 100 years old and one
Poinciana tree. It's not necessary. You've got Miami River Rapid Mini -park
that you can put this in and not destroy a single tree. Now, that is over on
the River Drive, it's at 29th Avenue. They may not like the position, I mean,
the place, but there is a road, there is electricity, there is utilities,
there's no reason. This park over there isn't used. To say that we don't
have that park is true. We have been forced for years to sit there and look
at this beautiful piece of property in which we could go over there, but with
the gate locked and the signs up saying, "No trespassing," there's no way you
could do this, so to say that we didn't want to and we've not enjoyed it, it
is kind of like saying you wouldn't like to eat a steak, that you would rather
prefer to eat a hotdog. Now, and also, you are getting ready to redo...
somebody is getting ready to redo 27th Avenue Bridge. The traffic that's
going to go down this street is going to be bumper to bumper for however long
that takes. There are many, many more buildings being changed in that area
over there. It's all zoned for duplex and almost every piece of property
that's being sold is going into a duplex type thing. Therefore you are going
to have even more over in that little area. There's only one way in and out
, of this14th Street. You can't go out and go down 27th Avenue unless you go
north. The only way to go out is go down to 27th Avenue or tip to 22nd Avenue
on 14th Street. You've already got back there Tanglewood and another group of
apartments in which these people have one little road to come out, which is
25th Avenue, which numerous wrecks happen on, which causes numerous
frustrations and now you want to stick there too, in addition to all the noise
and confusion caused by the PBA Park, caused by Curtis Park, believe it or
not, when you get some crazy thing going on over there and the church down the
way and the industry at the end of 14th Street. Now, you want to add
(4
1.43 February 15, 1990
something to cause even more. It's not necessary. Another site can be
found.
Mayor Suarez: How big is Curtis Park? You just mentioned Curtis, which must
be almost directly to the north of all this, I guess.
Dr. Prieto: It's actually... not, it is the further to the east of this area.
Mayor Suarez: Northeast.
Dr. Prieto: Yes, right.
Mayor Suarez: It's off 22nd, is it?
Dr. Prieto: Yes, sir.
Mayor Suarez: How big is it, do you have any idea, doctor?
Commissioner Plummer: Did you say Curtis?
Commissioner Alonso: Yes.
Commissioner Plummer: Well, that's big.
Me. Hoppe: Yes, it's big, it's real big.
Mayor Suarez: It's a huge park.
Vice Mayor Dawkins: Which one?
Commissioner Plummer: Curtis.
Mayor Suarez: See, the problem with that argument is that you've reminded me
that you are in the neighborhood with a huge open air park, Curtis, right to
the north.
Ms. Hoppe: But may I also explain to you that there is no way to get to that
park unless you go down to 27th Avenue or down to 22nd.
Mayor Suarez: I admit the traffic situation in that area bears further
analysis and examination. I don't know that this particular project is going
to really add a heck of a lot to it compared to just: the difficulty in
getting around that neighborhood is quite evident, you're right.
Commissioner Plummer: Let me ask of the Administration. It seems like to me
the municipalities have explained that they'll take either site, OK? That's
what they explained to me. It would seem like to me that we have the chance
hers, if they were to take the park site, we get a park in front of the
nursery site and we get a park in the park site. It seems like that way we
come out better, I mean, the people of this community. There is no one
objecting to them going into the...
Dr. Prieto: Absolutely not, sir.
Commissioner De Yurre: Let me ask you, what size does that field have now,
this softball field, or the...
Dr. Prieto: One moment, Commissioner. Let me answer Commissioner Plummer. I
think there are over a dozen people here that are neighbors of the Fern Isle
Park that are willing to testify they don't want the Municipios to move into
that area and I think you may want to listen to them, Commissioner.
Commissioner Plummer: Well, we heard from the other people. What size does
that field have now, based on your schematic there. Yes, the baseball field.
Dr. Prieto: 2.4 acres is the entire field.
Commissioner De Yurre: No, the baseball field.
that baseball field now?
Dr. Prieto: 250 feet down the foul lines,
144
What are the dimensions of
0
Commissioner De Yurre: Both foul linen?
Dr. Prieto: Right.
Commissioner Plummer: Show me again on the map... I'm sorry.
Commissioner De Yurre: Center field?
Ms. Hoppe: It's plenty big.
Commissioner De Yurre: So is it maintaining... I know what it looks like, but
is it maintaining the same size that it has right now?
Unidentified Speaker: No, because have to make a roof and get it inside.
Dr. Prieto: No. I'm sorry. Basically by putting the facility there, you
would be limiting the access to the canal. I believe that the present users
of the park used the north part of that field to do some practicing while they
are using the baseball park, so in fact there is actually...
Commissioner De Yurre: Yes, there is a baseball league that plays there, the
Taylor league that they play there all the time.
Dr. Prieto: I believe there are three games going on at the same time in
addition...
Commissioner De Yurre: Well, I would certainly not be able to vote for
something that's going to impede you know, that program there.
Mr. Plummer,: I don't think so. Why?
Mr. Odio: Well, we thought that the nursery would be the best site, since
they won't remove the trees and it would create more green areas than they
have now.
Commissioner De Yurre: Well, I'm ready to make a motion if the...
Ms. Hoppe: Wait, I have one more thing to say, please. One thing that
disturbs me with what this man has said, is do you realize that he has
admitted the City of Miami is polluting the ground? I mean, I own a garage
and EPA would be down my neck feet first and this man standing there telling
you that he is dumping environmentally sensitive things on your ground!
Mayor Suarez: Ms. Hoppe, do you own an automobile garage?
Ms. Hoppe: Yes, I do.
Mayor Suarez: OK, because the biggest cause of contaminants on the ground...
Ms. Hoppe: I know, and let me tell you something, honey, EPA watches us like
a hawk. I pay two seventy five a year to comply with that thing.
Mayor Suarez: You can call me honey or anything you want, just don't
interrupt me when I'm talking. I am still chairing this Commission and I was
saying that the biggest cause of contaminants on the ground in the City, is in
fact, gasoline garages and gasoline. Anyhow, that we contaminate the'ground
too, because if so, we're going to get hit with all kinds of enforcement...
Dr. Prieto: No, Mr. Mayor, it is not hazardous contaminant materials. What
they are, is we use vectors to extract materials from our sewers, from storm
sewers. We pile them there until they dry out so then we don't send 20 trucks
to the County, we only send one truck for 20 and it's dry material.
Commissioner Plummer: Can I speak to a different issue? This, what I am
going to speak to will address either site, OK? Madam City Attorney, on a
revocable permit, that is as I understand it, revocable within 30 days?
Ms. Vicky Leivas That is so.
Commissioner Plummer: OK. That rovocable permit goes infinitum.
Ms. Leivas Correct, this...
145 February 15,.1990
11
Commissioner Plummer: Until this Commission then, if any day were to come,
then could call it within 30 days.
Ms. Leiva: Correct.
Commissioner Plummer: Now, at that time, if we were to call it for a public
purpose, do we have to pay for the improvements on that site?
Ms. Leiva: No, and the understanding that we have with the attorneys
representing the Casa de Municipios is that they will at that point in time,
convey the ownership of those improvements and surrender them to the City of
Miami.
Commissioner Plummer: At no cost?
Ms. Leiva: At no cost.
Commissioner Plummer: Is that correct? OK, I noticed in some of the back...
Mayor. Suarez: Let the record reflect that counselor Cardenas, on behalf of
Municipios said yes.
Commissioner Plummer: I thought he was scratching his nose. I noticed in
some document that was presented, whether the Municipios gave it to me, or the
Administration, and I want this for clarification, that the site would be
available to the public. Now does that mean, and here again, you'd better
clarify this so you don't get into trouble at a later time. Is that the use
of the physical structure? Is it just the grounds?
Mr. Odio: I'd rather have the...
Commissioner Plummer: I think we need to clarify that, OK?
Mr. Al Cardenas: Yes, for the record my name is Al Cardenas on behalf of
Municipios. We made it quite clear in negotiations ewith the City and the
permit that's before the Manager for execution that all of the grounds will be
open to the public, including not only the structure which incidentally, only
it takes up 15 percent of the proposed area, so there is about 85 percent open
space, all of which is available to the general public for free usage.
Commissioner Plummer: All right, but just for clarification, the building
itself is not going to be available, is that correct?
Mr. Cardenas: No, the building, except maybe for a couple administrative
office areas...
Mayor Suarez: Scheduled events and...
Mr. Cardenas: Yes, a card room and so forth would be.
Commissioner Plummer: That's going to be open to the public?
Mr. Cardenas: Yes.
Commissioner Plummer: OK, I just want that on the record, OK, because I don't
want...
Mr. Cardenas: That's right.
Commissioner Plummer: Now, I would also, as we've done in the past and I'm
voting for this motion...
Mr. Cardenas: Now, J.L., everything has to be subject to certain, you know,
reasonable administrative procedures. If somebody wants to use a room, they
have to reserve it, that type of thing.
Mr. Odio: Mr. Cardenas, what you can do is like we do in any park, that they
would have to request the room and if you have...
Mr. Cardenas: That's right, absolutely. -
146 February la, 499Q
-'; Commissioner Plummer:
Mr. Cardenas: Yes.
Commissioner Plummer:
Mr. Odio: It's free.
But I mean, is it a free thing, or is there...
It's free?
Commissioner Plummer: OK, the question then I have to ask is, that in
everyone of these other leases, the City has reserved like seven days of use
for City purposes a year. Do you understand...
Mr. Cardenas: I don't believe that's in the permit.
Mr. Odio: It's not in the agreement that we have.
Commissioner Plummer: Well, I think that that should be, especially if you
are going to allow anybody to use it.
Mayor Suarez: I'm not sure if it is necessary because of that other provision
that they just stated in the record, but...
Commissioner Plummer: Well...
Mr. Cardenas: I mean, you have access theoretically 360 days a year.
Commissioner Plummer: Well, I would just like it written in that the City has
seven days of use a year.
Mr._Cardenas: Sure, that will be fine.
Commissioner Plummer: and I think normally is, that we have to give you 30
days notice so that you can still schedule.
Mr. Cardenas Yes, sir.
Mayor Suarez: OK, anything further on this particular site? - Ms. Hoppe or
anyone else?
Ms. Hoppe: Is there any other way that you would consider the other site that
I suggested? I mean, why does it have to be this particular place? It looks
like you... the mind was almost made up from the start. It had to be this
spot. I can't see why!
Mayor Suarez: Well, I personally had originally preferred the other site, but
I guess it is going to.cost us a lot of money to move everything out of there
and...
Ms. Hoppe: Would it cost that much? Has anybody looked at the Miami River?
Mayor Suarez: And then we have problems with the easement, to get to Fern
Isle.
Ms. Hoppe: Oh, that's just two places. .I'm talking about the one I'm
suggesting, the Miami Rapid River Park, which is big enough...
Mr. Odio: It is... the park is not available. It is decided that Miami
Bridge is going to develop that and you cannot give that to two people, to
different groups.
Ms. Hopper Who is going to get it?
Miami Bridge.
Mayor Suarez: That's the only...
Mr. Odio: This is amazingi You know, I mean, I'm standing here listening to
that, how much of the public land is just being given away to this person or
that person, or any person.
Mr. Plummer: No, Ma'am, no, no.
OM
-�7
,R
Mayor Suarez: No, Ma'am.
Commissioner Plummer: No, no, we are not giving anything.
Ms. Hoppe: No, I understand, we're going to get the use of it with
restrictions.
Mayor Suarez: We're putting to use many parts that have not been used that
much in the past and at the same time, we're acquiring properties in the City
We actually have more property than we used to. And we have better use,
hopefully, of the ones we do have.
Mr. Cardenas: Incidentally, the architect is here, but I did want to mention
one thing that's for your peace of mind. The project has been designed with
the preservation of the beautiful trees in mind. There will only be a
relocation of five of the existing trees and there will be relocated within
site and all of the major trees will be kept as is and the design portion of
the structure has been done in accordance with that sensitivity in mind.
Commissioner De Yurre: You are also providing a playground...
Mr. Cardenas: Yes.
Commissioner De Yurre: ... for the children of the area to come and enjoy and
play in.
Mr. Cardenas: That's correct and total free and public access.
Mayor Suarez: From our perspective, is it a fair statement to say and I just
heard you say that this constitutes an improvement from our perspective?
Mr. Odio: I believe so.
Mayor Suarez: OK, anything further? Yes, Ma'am.
Ms. Nancy Hernandez: OK, my name is Nancy Hernandez and I'm a resident of 942
N.W. 23rd Court and I'm here on behalf of all the neighborhood. I have
collected signatures for over 70 property owners from that area and we're all
opponents of what they are planning on doing on the llth Street Park.
Mr. Odio: They are opposing the prior, the alternative site.
Ms. Hernandez: The other site, right.
Mayor Suarez: OK, we so far are not discussing that other site, but we'll put
that into the record so that we have that just in case anybody needs to be
further aware of that.
Ms. Hernandez: OK, she is just going to hand you the copy of the signatures.
Mayor Suarez: OK, yes, well, the most important thing is that the Clerk get
it, Ma'am.
Commissioner De Yurre: Mr. Mayor, I'm ready for a motion.
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: I would move at this time that the Casa Municipios be
given the use of the property known as the Fern Isle Nursery on 14th Street.
Commissioner Plummer: The front half.
Commissioner De Yurre: Well, the area that they requested.
Mayor Suarez: And of course, with the design as previously explained and
approved by the City Manager and recommended and so on.
Commissioner De Yurre: Everything that is on the record, as explained, the
palyground, the free use of the property and...
Mayor Suarez: And all of the other provisos, OK, so moved.
148 February 15, 1990
-' Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion from the Commission?
Commissioner De Yurre: If I may read a resolution, Mr. Mayor, to go along
with that. (AT THIS POINT, COMMISSIONER DE YURRE READS RESOLUTION INTO THE
PUBLIC RECORD. SEE R-90-152 HEREINBELOW.) I so move.
Commissioner Plummer: Wait a minute, that last line - "At no cost to the
City."
Commissioner De Yurre: At no cost to the City.
Commissioner Plummer: Is that a part of it?
Commissioner De Yurre: Well, it is now.
Mayor Suarez: OK, with that built into the resolution, the second accepts
that, J.L.?
Commissioner Plummer: Yes, that's fine.
Mayor Suarez: In fact, you suggested it. Any further discussion? If not,
please call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved
its adoption:
RESOLUTION NO. 90-152
A RESOLUTION, APPROVING THE USE OF APPROXIMATELY TWO
(2) ACRES OF THE CITY -OWNED FERN ISLE NURSERY SITE BY
THE MUNICIPAL TRUST FUND CORPORATION, FOR THE
DEVELOPMENT OF A COMMUNITY SERVICE FACILITY KNOWN AS
"CASA PROJECT"; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR USE OF THE NORTHERN PORTION OF
THE SUBJECT PROPERTY FOR THE AFOREMENTIONED PURPOSE;
FURTHER STIPULATING THAT SHOULD THE CITY REVOKE THE
PERMIT OF THE MUNICIPAL TRUST FUND CORPORATION, THE
CORPORATION SHALL CONVEY TITLE TO ANY STRUCTURES
AND/OR IMPROVEMENTS BUILT ON THE PARCEL TO THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: Only one question I have, Al. This thing has drug on
so damn long, how long before you will be pulling a permit?
Mr. Castaneda: It will be done within the next 90 days, right? - within the
next 90 days.
Commissioner Plummer: And you anticipate construction time of how long?
Mr. Cardenas: About ten months to a year.
Mr. Rodriguez: Let me clarify that. He will have to go for special
exception. I don't think his time frame is accurate.
149 February 15, 1990
=' Mayor Suarez: Subject to all the City...
Mr. Cardenas: Well, the... let me...
Mr. Rodriguez: You understand that. That ought to go into the record.
Mr. Cardenas: Right. We can... you are absolutely right. We have to now go
for the special exception which we anticipate their work. The architect will
work with the building plans simultaneously, but 90 days or so.
Commissioner Plummer: Excuse me Al. Mr. City Attorney, how can they go for a
special exception when they are not the owners of the property?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: What?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Cardenas: We are the permittee or lessee and we have to join the City.
Mayor Suarez: We're the -interested party, but the City has to be joining the
application.
Mr. Cardenas: Right, that's right.
Mr. Rodriguez: The City has to have joint application, yes.
Mayor Suarez: OK.
Mr. Cardenas: That's correct.
Commissioner Plummer: Would somebody finally, as of right now, tell me what
the hell the special exceptions are? I mean, nobody has brought that out to
me, or I don't think any other member of this Commission...
Mr. Cardenas: I will mention...
Commissioner Plummer: Then may I have the courtesy of knowing, now that
you've let me vote on something, that they require a special exception, what
it is?
Mayor Suarez: What is the special exception, Mr. Rodriguez?
Commissioner Plummer: You know, I cannot believe they would let me sit here
and vote and tell me I've got to have a special exception without telling me
that in advance.
Mr. Rodriguez: In the first...
Mayor Suarez: We will reconsider the vote if need be. Mr. Rodriguez, could
you explain to him what the special exception is?
Commissioner Plummer: I mean, I've got to give them $3,000,000, is that what
the special exception is?
Mayor Suarez: Would you please let him tell you what the special exception
is?
Mr. Rodriguez: The special exception, like any other one that you have in the
ordinance is that a special permit that requires, an action by the Zoning
Board and that can be appealed to the City Commission.
Commissioner Plummer: What is the request of the special exception?
Mr. Rodriguez: It is a conditional use that you can have in PR, which is the
zoning that they have In this case, which is a park, and you have that
requirement in the ordinance and that wasn't spelled out in the memo that was
given to you previously when this was discussed before.
Mr. Odioa There is no cost to the City, we guarantee you that and we just go
ahead and go through that process... part bureaucratic...
150 February 15, 19"'
Mayor Suarers Yes, he's not worried about cost, he's worried about what...
Mr. Cardenas: Yes, it's important to say that the special exception would be
required on either site...
Mr. Odi,ot Fine, we'll take care of that and it won't cost you anything.
Mr. Cardenas: ... so that the procedure will be the same.
Mr. Odios Fine, we'll take care of that and it won't cost you anything.
Commissioner Plummer: Al, I got no problem, but at least it should have been
told to me in advance, that's what I'm saying.
Mr. Cardenas: I understand.
Mayor Suarez: That's kind of what he was doing. Remember, we didn't do this
very well either on Coconut Grove Playhouse and then we had two years of
battling over exactly what kinds of variances and so on would be required
there. In this particular case it's just a special use exception, or special
exception?
Mr. Rodriguez: It's a special exception.
Mayor Suarez: Special exception, because it's now zoned...
Mr. Rodriguez: PR, parks and recreation.
Mayor Suarez: And this would in effect be...
Mr. Rodriguez: The same zoning...
Mr. Odio: We could consider that park and recreation too.
Mr. Rodriguez: It is just a special permit, because when you have a
particular use that is not in the ordinance spelled out.
Mayor Suarers It's now contemplated as a PR use.
Mr. Rodriguez: It's part of the PR use, allowing us a special permit to allow
in the park.
Mayor Suarez: Oh, and a special permit, the criteria are that it be...
Mr. Rodriguez: You can put certain conditions on the site if you want to.
Mayor Suarez: OK.
15. BRIEF COMMENTS CONCERNING. REFUSAL BY THE RESCUE COMMITTEE OF THE CUBAN
MUSEUM TO ACCEPT ALTERNATE SITE.
Mr. Odio: Item 11, Mr. Mayor.
Mayor Suarez: OK, I think 11 is effectively withdrawn, is it not?
Mr. Odio: well, I think you should know that they don't want us to do
anything there.
Mayor Suarez: We all got the latter.
Commissioner Alonso: They don't want the site.
Mayor Suarez: Do you want to put on the record what you understand the
contents of the letter received?
Mr. radio: The Rescue Committee has notified us that they don't want an
alternative site.
15l
0
f
16. REOPEN BIDDING PROCESS CONCERNING ALTERNATE SELECTION OF THREE LOCAL LAW
FIRMS TO WORK AS BOND COUNSEL - DIRECT ADMINISTRATION TO PREPARE R.F.P.
AND TO SELECT AND RECOMMEND THREE LAW FIRMS - DIRECT CITY ATTORNEY TO
NEGOTIATE BEST TERMS FOR THE CITY AND COME BACK WITH RECOMMENDATION.
Mayor Suarez: OK, item 12, bond counsel for the City.
Commissioner De Yurre: Mr. Mayor, I put this item on the agenda because it's
been my understanding that historically, the City of Miami has had on a
rotating basis the services of three law firms doing bond counsel work in
representation of the City and since I've been here, I believe that it's only
been two that have been rotating. I believe it's been Holland and Knight and
Greenberg-Traurig that have been rotating the bond work.
Mayor Suarez: What is the cycle, if I may interrupt you, Commissioner, the
cycle that we have approved for the bond counsel firms for and when did it
end, or has it ended? I thought it would have ended by now.
Mr. Fernandozs It was not for term certain.
Mayor Suarez: Oh, I could have sworn it was. OK, you sure? Just sort of
open ended?
Mr. Fernandez: The resolution that you have passed does not contain a term
certain, air.
Commissioner Plummer: My understanding was that there was a term certain that
was'to be...
Mayor Suarez: Two years, I thought.
Commissioner Plummer: What?
Mayor Suarez: It's not two years?
Commissioner Plummer: I don't remember the term, but there was to be a term
certain and it was to be rotated.
Mayor Suarez: Negotiated on a rotational basis.
Commissioner Plummer: That's what it was my understanding.
Commissioner De Yurre: I would like to see and certainly, I think, all
parties concerned are here, Holland & Knight is here and also Greenberg-
Traurig and it is my feeling that they do not object and if that's not the
case, let them speak now, to a third firm being added to the rotation.
Commissioner Plummer: What you are saying, do I understand then, that you
want to establish the number as three?
Commissioner De Yurre: Well, I would like to put it back at three. I thought
that had been established before historically.
Commissioner Plummer: But are you going to, as we originally suggested, open
it up for all three spots to be filled?
Commissioner De Yurre: Well, I don't think that we should go the RFP routs
because I think we've got, you know, law firms that would certain probably and
up being selected anyway. I mean, like there are just so many that do that
type of work and I just felt that another firm that does that kind of work,
that has expressed an interest on being added to the rotation, there being no
other objections and I don't see no problem with it, was...
Commissioner Plummer: Mr. City Attorney, there are a lot more firms than
three in this community that do bond work.
Mr. Fernandez: Yes, sir.
_ 152 February 15, 1090
4•.
Commissioner Flummer: And what is it rated in the red book?
Mayor Suarez: The red book or the blue book or the black book, or...
Mr. Fernandez: The name of the book is The Bond Buyer's Directory of
Municipal Bond Dealers of The United States.
Commissioner Plummer: And approximately how many firms do we have in Dade
County or Miami. to do that?
Mr. Fernandez: In South Florida I believe that there would be 10 to 12 that I
know of.
Commissioner Plummer: Top rated?
Mr. Fernandez: yes.
Commissioner Plummer: If you open it up, which I don't know that I'm in favor
of doing, that I'm in favor of putting all three back out for bid, and let's
do it that way.
Vice Mayor Dawkins: OK, let me say my little part. Is it anybody over there
from Holland & Knight? Would you come to the mike? How many full partners
does Holland & Knight have that are black?
Mr. Bob Friedman: Three.
Vice Mayor Dawkins: Three? How many lawyers do you have in the firm here
that are black, other than the three partners?
Mr. Friedman: All three of those are in Miami and there's 30 partners in
Miami.
Vice Mayor Dawkins: Three in Miami. OK, thank you. Fine, Jacobson, anybody
out there that comes to the mike?
Mr. Fernandez: Mr. Mayor, point of clarification while he is getting to the
mike. I retract my position. It was for a term certain of one year, through
November of 1987, that you had selected three firms, Broad & Cassel,
Greenberg-Traurig, Holland & Knignt. Broad & Cassel eventually dropped out
and so Holland & Knight and Greenberg-Traurig have been used through 187 and
of course, through the present, because...
Mayor Suarez: So we are in a little bit of an embarrassing situation of not
having reviewed that at the end of that one year. Somebody please flag that
for us in the future. Possibly because we had not done the complete rotation,
that may be one reason. Mr. Weiss, as to the question of the Vice -Mayor?
Mr. Richard Weiss: Mr. Vice Mayor we have approximately ten black lawyers in
our law firm. I don't know the exact number. Henry Lattimore is a member of
our executive committee who is full partner in our firm.
Vice Mayor Dawkins: OK, one full partner. Greenberg & Traurig.
Commissioner Plummer: Excuse me, do I understand correctly, that's one black
partner?
Mr. Weiss: Full partner, yes.
Commissioner Plummer: Yes, OK.
Vice Mayor Dawkins: Mr. Traurig, do you have any... does Greenberg-Traurig
have any black partners?
Mr. Robert H. Traurig: We don't have any partners. We have a number of black
associates in the firm, but in...
Vice Mayor Dawkins: But associates, you have... what is the difference
between associate and a full member?
Mr. Plummer: A whole lot of moneyf
153 February 1511990
Vice Mayor Dawkins: I didn't say that; your buddy said that.
Mr. Traurig: We have about 125 lawyers...
Vice Mayor Dawkins: No, no, wait, hold it, hold it. In Dade County. Now
everybody over there understood I was speaking about Dade County? Did anybody
not understand that I meant Dade County? Dade County, air.
` Mr. Traurig: We have about 110 lawyers in Dade County of which about 35 are
-' partners and the others are all associates. Associates have been with the
firm a shorter period of time than the partners. They ultimately are selected
to be partners.
Vice Mayor Dawkins: You have no black partners at all.
Mr. Traurig: Well, we have co -counsel in connection with the bond work, Mr.
McCrary.
Vice Mayor Dawkins: Do you have any full black partners in Greenborg-Traurig
and others?
Mr. Traurigt No, we don't.
Vice Mayor Dawkins: All right sir, thank you, sir.
Mr. Weiss: Excuse me, Mr. Vice Mayor, I hadn't counted, but we have about
five black lawyers in our firm, not ten I hadn't counted before hand, but I
wanted to...
Mayor Suarez: When you say about...
Vice Mayor Dawkins: Yes, you either got them or you don't have them.
Commissioner De Yurre: It's 4.71 (LAUGHTER)
Mr. Odio: Mr. Mayor, 5.2.
Commissioner Plummer: Miller, he's very light skinned.
Mayor Suarez: Are we accounting the amount of color here, or...?
Mr. Weiss: No, I don't have a list with me of all the lawyers in our firm and
I've tried to just...
Mayor Suarez: How much would I count for if I was in your firm? Now, let's
see, Mr. Traurig, in fairness, to put how many... Bob, how many associates do
you have that are black, so long as we are asking this, if you'd like to put
that on the record. I didn't hear it. If you know what it is. Total lawyers
that are black, if you know?
Mr. Traurig: I think we have four, but I'm not... I'd have to go, it may be
more.
Commissioner Plummer: It depends on what day of the week.
Vice Mayor Dawkins: OK, now, the only thing that I found wrong, and I've said
it to Holland & Knight and I'm going to say it again. When Holland & Knight
does our bond counseling, they do it in Lakeland, Florida. OK? Now, at least
these other two firms do it in Dade County. Now, I am not going to tall you
again that if you want bond counseling in Lakeland, you should do Plant City,
Lakeland or Tampa. Do not take the bond work out of Miami to Lakeland.
Mr. Friedman: Vice -Mayor, I'd like to respectfully contradict that.
Mayor Suarez: And did you put your name in the record before, because I don't
know if you got it.
Mr. Friedman: My name is Bob Friedman, I am a partner with Holland & Knight
here in Miami. The bond work for the City of Miami is done here in the City
of Miami at this office.
154 February 15, 1990
I Commissioner Plummer: Now. It wasn't in the past.
Mr. Friedman: It has been for the last 15 months.
Commissioner Plummer: OK, the last time we asked the guy was in Lakeland and
he wasn't even at the meeting. May I ask... are you finished, Commissioner?
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: I'd like to ask the other side of the coin, of you
first and then the other two. How many full partners do you have that are
Latin, hispanic?
Mr. Friedman: Four or five.
Commissioner De Yurre: 4.31
Commissioner Plummer: Mickey just got promoted, a field promotion)
Mr. Friedman: Four or five, Commissioner.
Mayor Suarez: Four and one-half, four and one-half.
Commissioner Plummer: Four or five. OK. Fine? One full Latin. Traurig?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Well, we know about Alberto, but he's a Republican
party, he's not...
Mr. Traurig: I'd have to take a look at my stationary, but I think we have
between 20 and 25 Latin lawyers and I think we have somewhere seven or eight
Latin partners.
Commissioner Plummer: Full partners?
Mr. Traurig: Full partners.
Mayor Suarez: Of course, Cardenas gets paid for two, so I mean, that's a...
all right Commissioners, anything further on this issue?
Commissioner De Yurre: I don't want to you know, create a whole -ruckus,
because of this issue. I just want....what I'm simply what I'm doing Is just
make a motion to add the firm of Fine -.Jacobson to the rotation.of the- bond
counsel work.
Vice Mayor Dawkins: So moved.
Mayor Suarez: So moved.
Vice Mayor Dawkins: Second.
Mayor Suarez; Seconded.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: I have problems with this anyhow, I guess the same _as the,
Commissioner Plummer has stated and would otherwise state, that I think we
ought to follow some procedure, perhaps a little simpler than last tima,.which
was very painful, and perhaps more through a selection committee, where we
don't and up having any discretion and we don't try to limit it too much, ;l'd
like to have as many people participating as possible, but anyhow, if
anybody's got a better system.
Commissioner Plummer: Basically, Mr. Mayor, let we say it.pains me very much
to vote against Marty Fine. My opinion of that man and the law firm, but I've
got to vote against the motion. If it is a motion to open it up to select
three, and we go through the process, I'll be in favor of that, . but ,just to
add one, I can't do that, because you have so many firms out there who -would
have the same advantage.
155
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0
Mayor Suarez: And how would you, how would the selection...?
Commissioner Plummer: I would just open your procedure up again, let all of
them come in and make their bid and then we select three. I have nothing
wrong with three and I don't think we need more than three, OK? I think three
is adequate, but as we stated in this resolution back in 187, we were going to
do it annually and for whoever's convenience, we've never done it again, so
we're way past due of the procedure of annually reviewing and I think you have
to give everybody a fair shot and the only way I know to do that if you want
to do it, is to open it up and we will make a selection of three. That's for
my vote, but other than that, as the motion on the floor, I'm sorry, but I
have to vote against my very dear friends at Fine Jacobson.
Mayor Suarez: For the very same reasons I would vote against it, although I
would like to see it maybe opened up to as many as five. Anyone else on the
motion?
Commissioner Plummer: Five is too many, we don't have that much work.
Commissioner De Yurre: Call the question.
Mayor Suarez: Any discussion? If not, please call the roll.
MOTION FAILED
THE HEREINABOVE STATED MOTION DULY MOVED BY COMMISSIONER DE YUR.RE
AND SECONDED BY COMMISSIONER DAWKINS FAILED BY THE FOLLOWING VOTE
OF THE CITY COMMISSION:
AYES: Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: None
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Unfortunately I have to vote no.
Commissioner Alonso: Well, I think that we had something that was working
apparently well and now we are changing it to opening the system. I don't
have any strong feelings one way or the other. I think that if we are going
to open it, it is fair to open it to all, so I have to vote no.
Vice Mayor Dawkins: I cannot hold the two firms that are participating
hostage because we did not go back and review the issue long ago, so I'm going
to have to vote yes.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: I make a motion at this time that we reopen the process
to go through a procedure to select three firms for the next period of twelve
months., bringing it back to this Commission some time in March.
Mr. Fernandez: Mr. Mayor, if I may, by way of referrals, the last time you
went through this process you instructed your City Attorney to prepare a
request for proposal, communicate that to the legal community out there, await
receipt of anybody who may be interested and then go through a process of
listing those firms that in the City Attorney's position are qualified and
then from that list it would make the selection of as many as you would like
to be on that rotation list.
Commissioner Plummer: Well, I have no way... if that's the best process, I'll
defer to my two lawyers here to make that decision. Whatever is fair and
equitable process is what I'm trying to espouse, that we go through the normal
procedure and then this Commission will make its decision on if it is
agreeable, three, yes, I think three is enough, but I am open to anything, that
is fair and you know, we don't want to get more than what we've got work for
them to do, because that would be...
156 February 15, 1990
0
Mayor Suarez: The only problem I have, J.L., is not even the three versus the
five. I just think we have... we are going to have a tough time finding any
kind of an objective way to select and to exclude anybody and that's what
worries me and I can't say that I have found any solution. If anybody has any
ideas, in a sense, I'd almost be ready to have the City Attorney just
negotiate with any and all comers to see which ones he finds, you know, should
be added to the list and recommend back to us without having to go through the
whole painful process, but that may not be any better, I don't know.
Commissioner Plummer: I don't agree with that, Mr. Mayor. It...
Vice Mayor Dawkins: Neither. do I.
Commissioner Plummer: I wouldn't want for my City Attorney to go through the
process of determining those firms that are on the top echelon and supply me
with all of those firms in Miami or Dade County and then we will make the
selection of the three.
Mr. Fernandez: That's the way you did the last time.
Mayor Suarez: OK, here's an interesting question in that process. Shall we
give him a little bit of philosophical direction? Does the fact of having
previously been bond counsel to the City, is that something that he should
look at as, in his discretion, as a favorable thing, or as unfavorable, so
that we open it up to others?
Commissioner Plummer: Well, and my kind of criteria is, he would establish
who is qualified and who is not. Then we will make the decision as to who we
want.
Mayor Suarez: OK, so the prior experience of City bond counsel, you don't see
it as a factor either way?
Commissioner Plummer: Well, we'll make that determination, if they are
qualified.
Mayor Suarez: Well, qualified is just about everybody who is in the book, I
guess.
Mr. Fernandez: I would also look at other criteria in seeking...
Mayor Suarez: Such as?
Mr. Fernandez: Such as how long they have been, in fact, in the book, what
volume they have done over what period of time, the size of work that they
have... volumes that they have done.
Mr. Fernandez: The nature of the issuance and the different reasons or types
of issuance, there are other criteria that I could look at, however, I would
really appreciate if you would expect me to give you some sort of a selection,
having the benefit of your...
Commissioner Plummer: Well, let me tell you one other thing, Mr. City
Attorney, or I'm really telling my colleagues. One of tho areas that we've
had a problem in before, and I don't want to let it happen again and I want to
say on the record today, that when we do, we are going to qualify whether it
is three or five, we are going to number them, one, two, three, so that the
first issue that comes up, firm number one gets. Number two, whatever the
issue is, the problem in the past has been, we've.heard the complaint that
said, "Well, that company got a $50,000,000 bond issue, and this company got a
$2,000,000 bond issue." What I'm saying is, let's establish from day one that
we will establish that "A" firm goes first, "B" firm, "C" firm, "D" firm,
because if you try to balance it, it's not going to be a rotating list.
Mr. Fernandez: Mr. Mayor.
Commissioner De Yurre: Well, but also have to keep in mind that I don't want
any of the Administration to be controlling it in such a way that...
Commissioner Plummer: No, we'll set that.
Mr. Fernandez: No, no.
157 February 15, 1990
Commissioner Plummer: We'll set it before where there is ever a bond issue
coming up.
Commissioner De Yurre: Well, I'm saying that...
Commissioner Plummer: You are free...
Commissioner De Yurre: Hold it a second. There may be two bond issues in the
works. One is for fifty and the other is for two, and then depending on who
it is, maybe the two is thrown out first or the fifty is thrown out first. I
mean, I don't want none of that...
Mayor Suarez: Reaches the agenda real quick. Actually, it has been the City
Attorney, not the Administration, so...
Mr. Fernandez: Correct. And let me tell you that I would be the first
surprised. In two years that I have been City Attorney, I have not heard those
comments from either Holland & Knight or Greenberg-Traurig. They are both
here and I tell you the criteria that I use in assigning to them different
issuances is the bottom line is dollars. I think that that is what they are
interested in and I can represent to you right now that as of the last
issuance, they were $10,000 away from each other, each of them having made in
excess of $250,000 over the past four years, so if they are here and they have
any complaints as to the way that the City Attorney has been doing the
rotation amongst them, I'll be the first one interested in knowing that.
Mayor Suarez: They are here, if they have any complaints, let them put it in
writing. OK, negotiated rotational system, I guess is what we're back to on
the negotiations on the basis of price, of course, and some day it would be
interesting to try to do it on a blind selection system competitive as to
price. I don't know if we can ever get to that point. I don't know that the
services are really totally fungible. We tried that before, at least I tried
it before and never came up with a good formula to do it.
Mr. Fernandez: I think that, Mr. Mayor, that one point in which there could
be a greater advantage to the City is that you can instruct me to negotiate
with them better terms and conditions for the City in the amount that they
charge us per bond sale.
Commissioner Plummer: You bet.
Mayor Suarez: Oh, I hope that's the most important criterion to look at•,
right?
Mr. Fernandez: I certainly will, but your instructing me to do so puts them
all on notice that I will go after them.
Mayor Suarez: I think that would be a fair statement, even before we select
the qualified ones that you also find qualified ones that are willing to work
with us as to fees and be reasonable and create a savings., OK. -
Commissioner Plummer: Call the roll.
Mayor Suarez: We're leaving a certain amount of this, I guess, ,just to the
discretion of the City Attorney, but I can't think of any other way.to do it.
Call the roll.
Commissioner Plummer: Excuse me, just for the record. Can you have this back
in 30 days?
Mr. Fernandez: I certainly can.
Commissioner Plummer: Fine.
Vice Mayor Dawkins: What's the motion?
Commissioner Plummer: The motion is to open up the process.
Commissioner De Yurre: Well, he's going to come back in 30 days with
recommendations?
158 February 15, 1990
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Commissioner Plummer: Yes, he said he could come back in 30 days.
Mr. Fernandez: I will submit to you copies of every response to the proposal
that I put out.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 40-153
A MOTION TO REOPEN THE BIDDING PROCESS IN CONNECTION
WITH THE ALTERNATE SELECTION OF THREE LAW FIRMS TO
WORK AS BOND COUNSEL FOR THE CITY OF MIAMI FOR THE
NEXT 12 MONTHS; FURTHER DIRECTING THE ADMINISTRATION
TO INITIATE NORMAL PROCEDURAL REQUIREMENTS, SUCH AS
PREPARATION OF AN R.F.P., PROPER NOTIFICATION TO THE
LEGAL COMMUNITY, AND IDENTIFICATION BY THE
ADMINISTRATION OF THREE LAW FIRMS, WHICH IN THE CITY
ATTORNEY'S OPINION ARE THE MOST QUALIFIED; FURTHER
DIRECTING THE CITY ATTORNEY TO NEGOTIATE WITH THE TOP
THREE FIRMS TO PRIORITIZE THEM ON THE BASIS OF BETTER
PRICING, CONDITIONS, AND CERTAIN OTHER CRITERIA
BENEFICIAL TO THE CITY; AND FURTHER DIRECTING THE CITY
ATTORNEY TO BRING BACK A RECOMMENDATION WITHIN 30 DAYS
FOR CITY COMMISSION CONSIDERATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
[NOTE: At this point, the City Commission closes
consideration of the regular agenda items to consider
planning and zoning agenda items.)
17. SECOND READING ORDINANCE: AMEND ENVIRONMENTAL PRESERVATION DISTRICTS AND
SCENIC TRANSPORTATION CORRIDORS ATLAS - DESIGNATE ALL PUBLIC RIGHTS -OF -
WAY IN AREA GENERALLY KNOWN AS "THE BRICKELL HAMMOCK PARKWAY SYSTEM" AS
A SCENIC TRANSPORTATION CORRIDOR. (Applicant: Planning Department).
-----------------------------------------------------------------------
Mayor Suarez: PZ-1. Second reading. Somebody remind me when we get to the
item especially scheduled for 7:00 p.m. Scenic transportation corridors.
What in the heavens is this?
Mr. Sergio Rodriguez: It's a second reading.
Mayor Suarez: Second reading. I'll entertain a motion on this. Does anyone
wish to be heard on a scenic transportation corridors?
Commissioner Plummer: Move it.
Mayor Suarez: Against the item? Let the record reflect no one wants to be
heard. Joe Wilkins is standing up, God knows why, presumably, you're in favor
of it.
Mr. Joe Wilkins: Just to say thank you.
Mayor Suarez: All right. Never say thank you around here until we vote. We
= have a motion. You moved it, right?
Commissioner Plummer: I moved it.
Mayor Suarez: Do we have a second?
Commissioner Alonso: Yes.
_ Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ENVIRONMENTAL PRESERVATION
_ DISTRICTS AND SCENIC TRANSPORTATION CORRIDORS ATLAS OF
THE CITY OF MIAMI, FLORIDA, BY DESIGNATING, GENERALLY,
ALL PUBLIC RIGHTS -OF -WAY IN THE AREA FROM SOUTHWEST
1ST AVENUE TO SOUTHWEST 5TH AVENUE BETWEEN SOUTHWEST
23RD ROAD AND SOUTHWEST 27TH ROAD (A.K.A. "THE
BRICKELL HAMMOCK PARKWAY SYSTEM," AND MORE
PARTICULARLY DESCRIBED HEREIN), AS A SCENIC
TRANSPORTATION CORRIDOR; MAKING FINDINGS; MAKING ALL
NECESSARY CHANGES ON PAGES NO. 37 AND 38 OF SAID
ATLAS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of January 25, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10707.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
18. SECOND READING ORDINANCE: AMEND 9500, ARTICLE 15-SPI (SPECIAL PUBLIC
INTEREST DISTRICTS ) - ADD SPI-21 RIVER QUADRANT MIXED USE DISTRICT -
PROVIDE INTENT AND SPECIAL PERMITS, ESTABLISH PERMISSIBLE PRINCIPAL USES
= AND STRUCTURES, MINIMUM LOT REQUIREMENTS, etc. (Applicant: Planning
Department.)
Mayor Suarez: PZ-2.
Mr. Guillermo Olmedillo: Mr. Mayor, PZ-2 and PZ-3 are related items. PZ-2
_ creates the legislation and PZ-3 is the application, geographic application of
it. This is the property known as the Alandco property which is on the west
side of S.W. 2nd Avenue.
Mayor Suarez: OK, we've gone through this before, I see that it...
Commissioner Plummer: Yes, and I have the covenant. The only question I
have, Mr. Mayor, I still am not in accord with the two point five. .I think it
ought to be higher.
160 February 15, 1990
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Mr. Olnedillo: The applicants are here and they were satisfied...
Commissioner Pltumner: The FAR (floor area ratio). What I asked you at the
last meeting was, was to justify to me on that piece of property, why we would
not go higher than a 2.5. I have not heard any reasonable application of why
we would we restrict it to 2.5.
Mr. Olmedillo: We're not, Commissioner Plummer. We're going to a 4.3 FAR.
Commissioner Plummer: With a bonus?
Mr. Olmedillo: With the bonuses.
Commissioner Plummer: If that's... OK with me. I just...
Commissioner Alonso: I have a question concerning the day care center. I
know they are giving a donation. I'd like to see if it's clear enough that
they will have day care facilities in the future.
Mr. Olmedillo: Can we have the applicant speak to that?
Commissioner Alonso: Because I don't see it in the covenant. It's not clear
to me. I'd like a legal opinion.
Joel Maxwell, Esq.: I'm sorry, the covenant on section five simply specifies
that they will give $5,000 for purposes of a day care facility.
Commissioner Alonso: This is not what I was told last time.
Carter McDowell, Esq.: For the record, my name is Carter McDowell
representing Alandco.
Mayor Suarez: Madam City Clerk, do we need swearing in? Is this the part of
the agenda that we've...
Mr. Maxwell: Yes, sir.
Mayor Suarez: ...put into our code? Mr. City Attorney then. I'm sorry,
Madam City Clerk, would you administer the oath before we all violate our own
code.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Commissioner Plummer: And you are a registered lobbyist?
Mr. McDowell: I am, sir. What we had said, Commissioner, was that first
there is no requirement for day care under the proposed amendment. We had
said that we would be responsive to that. We have voluntarily given you -a
covenant which would suggest that we... which would commit us to making a
$5,000 donation for day care purposes now. We are building only a... and our
first phase building would be somewhat less than 200,000 square feet. We
certainly, as we move forward with future phases, will give consideration to
providing day care facilities. But we cannot give you an absolute commitment
that we will provide those facilities because there has to be sufficient
demand to fill those facilities in order for us to build them. I would give
you the example of the Dade County day care center which was built within 4
blocks of the site that Dade County, with all of its employees, all centered
in downtown, all the state employees and all the City of Miami employees who
are all eligible to use that facility, that facility is not full.
Commissioner Alonso: Something must be wrong with It.
Vice Mayor Dawkins: What's the fee?
Mr. McDowell: Sir, I do not...
Commissioner Alonso: That might be it.
Vice Mayor Dawkins: It may be priced out of the range of the people who need
it.
161 February 15, 1990
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r
Mr. McDowell: Our position is that in the future, as we come back with future
phases, when we have sufficient office area that would justify a demand for a
day care center, we will certainly consider providing that. And indeed, there
is a bonus for it. But we cannot absolutely commit.
Commissioner Alonso: I'm sorry if I don't see it in writing, I cannot vote
for this and I really think that day care is something that is a necessity
nowaday and it's something that should be included in a project like this.
Martin Fine, Esq.s Commissioner Alonso, we heard what you said last time and
—_
were responsive to it. For the record, my name is Martin Fine. It is
—
impossible for us to put it in a covenant. You cannot put in a covenant that
which you're uncertain of. We don't know the size of the building, we don't
know the number of people there. Alandco is part of an institution that has
been here prior to the creation of the City of Miami in 1896. It is not going
to represent or authorize us to represent to you that when this building,
phase II, is up for consideration, we will come before this Commission and,
--
hopefully, you will be sitting there and we will say to you, we will build
whatever is required for the size building we're doing. We're putting that in
—
the record. That is a covenant and an agreement that we're giving you. I
assure you it's satisfactory.
Commissioner Alonso: I'm sorry, I'm not satisfied. I'm going to vote no.
Mr. Sergio Rodriguez: Coranissioner...
Vice Mayor Dawkins: May I ask a question?
=
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: What is the difference...
_=
Mr. Fine: I'm sorry, Miller, may I just mention this one thing?
Vice Mayor Dawkins: Yes, air. Go right ahead, Mr. Fine.
Mr. Fine: In order to get the bonuses that we need in order to build any
decent building, you have to have day care.
Commissioner Alonso: I'd like to see it in writing.
Mr. Fine: Well, I'm sorry, your own staff will tell you it's part of the
ordinance.
Mr. Rodriguez: Yes, the ordinance has it.
Commissioner Alonso: That's fine, I'd like to see it in writing because my
own staff will later on tell me, like they have done in the past, that it
wasn't done so you cannot ask that now. Don't show me that, I want to see it
in writing. If I don't see it, I'm going to vote no. That's all.
—
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: What is the difference from staff over there? What's the
dif .. .
Commissioner Alonso: I think that it's something so basic - excuse me,
Commissioner Dawkins...
Vice Mayor Dawkins: You go right ahead, Madam.
—
Commissioner Alonso: ...I think that something so basic in a project of this
—
nature, really questioning that you're going to have day care, it seems to me
that it doesn't make sense, really.
Mayor Suarez: Vice Mayor Dawkins.
-
Commissioner Plummer: Well, show her the ordinance.
A-M- "
Mr. Rodriguez: The page, in your package on page 16, item ntunber seven, it
says, "....child day care center or elementary school for everyone a square
162 February 15, 1990
foot of indoor floor area and two square feet of outdoor play area dedicated
for use as a child care center or elementary school, the maximum floor area
may be increased by four square feet for any permitted use." And that's part
of the bonus provision that we have in the ordinance.
Mr. Olmedillo: That just means that in order to get the building that they
were planning to get and the 4.3 FAR, they would have to go through this
provision of a child care facility before they can get to that building.
Commissioner Alonso: They don't seem to have the impression that they are
going to have a day care. I heard this gentleman. The way he spoke to me and
I don't get the idea that they have any intention whatsoever of having a day
care. If he had any intention, he did not reflect that in his words.
Mr. Fine: May I try...
Mr. Rodriguez: You are correct to a point, Commissioner Alonso, in the sense,
they have the choice of taking advantage of this provision to get the bonus.
They choose not to get a bonus, they don't have to use it. They told us
before that for them to be able to build a project that they have in mind,
they will have to use the bonuses that have been proposed in the ordinance.
Mr. Fine: Commissioner Alonso, may I try to correct what certainly must be a
misunderstanding. I'm going to look you in the eye and tell you that on
behalf of Alandco, who has been here a lot of years and on behalf of our law
firm, that's been in business almost 35 years, I'm telling you that the second
building that comes up is going to have day cage facilities. What we cannot
tell you is the size, nature, and extent of it, because it depends on the
size. So I want to tell you there will be day care facilities in there to
provide for what it takes to service the people in that building. We just
don't know how many there will be. There is not uncertainty about that at
all. Please rest assured that's the case. We are not going to represent, nor
is Alandco going to represent anything that is not so. There will be day care
facilities.
Commissioner Alonso: Well, I'm going to turn - thank you, I appreciate your
explanation - I want to turn to the attorney and ask that we are sure that
this is going to take place. I want to be guaranteed that that will be the
case. I remember when I started working toward my Ph.D., the first professor
that we had at university told me; don't ever take anyone's word. It has to
be written. It has to be on paper if it's going to be official and you will
be able to act that they deliver. That's what I'm asking to the attorney and
tell me, what should I do? What way is right? Are you guaranteeing that to
me?
Mr. Maxwell: I cannot guarantee that that child care center will be
constructed there on that site, Madam City Commissioner, unless they make use
of the provisions of this code section, here and that would only be if they
build a building of this size that would necessitate the floor air ratio as
required here. Then, in order to attain these bonuses, they would have to
provide that. If they build a small building like the one that's anticipated
right now, a two story building, that probably would not trigger the floor
area ratio as required for child care. If they move to second phase.and it's
a large building, then they would have to provide the child care. But there
is absolutely no guarantee that a child care facility will be built there.
Hr. Fine: But there's a guarantee that when we come forth in the second
building, we will come to you. I'm sorry your professor told you that because
that really isn't good advice.
Commissioner Alonso: He was right, sir.
Mr. Fine: I don't think so, not from our perspective, he's not.
Commissioner Alonso: He was right.
Mr. Fine: Well, may I try to respond? I suggest to you that that may be a
position that he takes or she took. I don't know whether it was a man or a
woman. But the fact of the matter is, that in order to avail itself of the
bonus, this applicant, in writing, it's in the ordinance, would have to build
day care in order to get that extra bonus. It's there. It's in writing.
Meets that professor's requirements. The ordinance - your City Attorney has
163 February 15, 1990
L
told you it's in writing. In order to avail oneself of that bonus, you must
build it.
Mayor Suarez: OK, Vice Mayor Dawkins also wanted to inquire.
Vice Mayor Dawkins: From the administration, what's the difference between
requiring special permits, establishing permissible accessory uses and special
exception - whatever that thing is we give when people can put something
behind their house? What's the difference?
Mr. 01medillo: The accessory use is a secondary use. For instance, if you
have a hotel, you may have a restaurant as an accessory use. It's a secondary
use to the hotel which is the main activity. The special exception allows the
Zoning Board, on first instance, to apply any conditions which are reasonable
to accept that particular use. For instance, if you want to have a community
based residential facility, you may apply conditions in order to buffer the
activity from the rest of the neighborhood. In a way, it's a conditional use.
You apply conditions to it and they might be reasonable conditions so that
there are two different things...
Vice Mayor Dawkins: And the special exception use.
Mr. Olmedillo: Yes, the special exception use is similar to the conditional
use. You apply any conditions that you think are reasonable.
Vice Mayor Dawkins: Well, what is the one that we voted up here that we would
not do any more?
Commissioner Plummer: Transition.
Vice Mayor Dawkins: Transition, well all right...
Mr. Rodriguez: The transitional.
Mr. Olmedillo: Transitional use.
Vice Mayor Dawkins: All right, now what's the differenc between special
permits, permissible access, and transitional use? What's the difference?
Commissioner Plummer: Oh, a big difference.
Mr. Olmedillo: A transitional use was a privilege given to those properties
which were abutting commercial districts or industrial districts. They could
be used for parking or for offices in some instances.
Vice Mayor Dawkins: Is transitional use interchangeable with permissible
principal use?
Mr. Olmedillo: No, sir.
Commissioner Plummer: No.
Mr. Olmedillo: Permissible principal use is that which is allowed by special
permit, but it's a use which is within the same property and not going into
the residentially zoned property.
Vice Mayor Dawkins: Well, could you get a special permit rather than
transitional use?
Mr. Olmedillo: You cannot get a Especial permit to change the use. For that,
you will have to get a zoning change. You can get a conditional use or
special use under certain conditions, but it is an allowable use as a
permissible use because it's permitted with a special permit.
Vice Mayor Dawkins: Thank you.
Mayor Suarez: Anything further from the Commission? This item, the
applicant...
Commissioner Plummer: I moved it.
Mayor Suarez: Moved. Was it seconded? Seconded by Commissioner De Yurre.
164 February 15, 1990
Commissioner Plummer: And I would like, if I can, with my colleagues'
permission, to take the $5,000 and give it to Centro Meter. I don't know of
an organization which is immediately in that area which does such a fantastic
job and God knows, they could use the $5,000. And that is payable prior to
pulling the building permit.
Mr. Maxwell: Mr. Mayor...
Commissioner Plummer: Wait a minute, this gentleman - you want to increase
_ that $5,000?
Mr. McDowell: No, air, I wasn't doing that. I have a couple of things I need
to address with you.
Commissioner Plummer: Then I'll hear from the City Attorney first.
Mr. Maxwell: Mr. Mayor, members of the Commission, on the covenant, I don't
know if you have the covenant, the very latest covenant - did the applicant
pass out the latest covenant?
Mr. McDowell: No, I have not had a chance to. We have just made the final
revisions per your comments and I'm about to.
Mr. Maxwell: OK, Mr. Mayor, we got a copy of this covenant this morning,
reviewed it and made comments to the applicant and they have revised the
covenant based on our comments here and we'd like a copy of the revised
covenant to be passed out to the Commission and also placed in the record.
And there's one additional comment that we have on that, and that's on
enforcement. The covenant that you have in your hands right now does not
provide for enforcement by the City. The revision does, but it does not allow
for enforcement by any other parties and our standard practice has been to
allow for enforcement of a covenant by anyone within 375 feet of the property.
If the Commission desires, that provision can be added to this covenant...
_—_ Commissioner Plummer: I don't see the necessity of that. This is cocmnercial
and the only ones that would object would be the fish in the river or the bums
in the park. I don't think that's necessary.
Mr. Maxwell: OK, you have a copy of the latest one in front of you there?
Commissioner Plummer: Do you have a copy?
Mr. Maxwells Yes, I do. That's fine, it's acceptable....
Commissioner Plummer: Is everything in it?
Mr. Maxwell: Yes, sir.
Commissioner Plummer: You're comfortable with it?
Mr. Maxwell: Yes, air.
Commissioner Plummer: Then I move it.
Mr. McDowell: Mr. Mayor, I have one other small item that we need to address,
if you will, prior to moving on this item.
Mayor Suarez: We had a motion and a second, by the way, but go ahead, Carter.
Mr. McDowell: I understand that. We had been working with staff diligently
since the passage on first reading and there are several minor clarification
and, well, minor amendments to the language, individual language. These are
not substantive changes, I think they're...
Vice Mayor Dawkins: Mr. City Attorney, four on page two. You have it?
Mr. Maxwell: Page two?
Vice Mayor Dawkins: Yes, do you have that?
February 15, 1990
R
Vice Mayor Dawkins: I'd say, "...as the owner shall install mooring
facilities for boats and existing large slip located on the property and shall
provide pedestrian access around the slip in order to provide access to the
riverwalk being provide pursuant to paragraph two."
Mr. Maxwells OK, I'm sorry, air, I thought you meant the ordinance. You mean
of the covenant itself. Yes, air, I see the section you're talking about. .
Vice Mayor Dawkins: You see that now?
Mr. Maxwell: Yes, sir.
Vice Mayor Dawkinss The last sentence, "...however, this shall not prohibit
the owner from filling this slip at a future date." If the owner fills that
slip at a future date, can he build on it?
Mr. Maxwell: I would imagine so. Yes, sir. That would increase the square
footage of the lot...
Vice Mayor Dawkinss And that would be...
Mr. Maxwell: ...and that might contribute to what he can put on the site.
Mr. McDowell: Commissioner Dawkins, if I may, the slip in question - forgive
me for quality of drawing. If I may approach that ... (Inaudible).
Mr. Maxwells Mr. McDowell. If I may, before you point it out, that slip,
what he's about to show you, the slip fronts on the river itself and if you're
asking whether or not he can actually put a structure on that property...
Vice Mayor Dawkins: After he fills it.
Mr. Maxwells It may be that that's too close to the water and it may violate
other provisions of the code itself, so it may be that he cannot actually put
a structure on that property that's filled in. But it would contribute toward
the size of the structure that he can put on the site.
Vice Mayor Dawkins: No, OK, if he fills the slip to beautify the property, I
have no problem with it. But if the slip is being filled to add more space
with which to build on, I would have a problem with it..
Mr. Maxwell: I could defer to planning department as to whether or not he can
actually put a structure in the area that is filled in because of it's...
Commissioner Plummer: That's where the shed is.
Mr. Maxwell: ...proximity to the water..
Commissioner Plummer: That's where the shed is, correct?
Mr. Olmedillo: They own that property. They own the slip so they could
conceivably fill it and build in within 50 feet of the bulkhead.
Mr. McDowell: Mr. Commissioner, it just doesn't seem, this doesn't seem to be
on. In response, the slip in question was carved out of our property many
years ago. The bulkhead lines goes across the front of it, so that if we were
to fill it in, we would be creating a continuous bulkhead along the river. We
are not moving out into the river one foot beyond the existing bulkhead. It's
something that was dug out of our property in the past.
Vice Mayor Dawkins: OK, thank you.
Commissioner Plummer: Question. Who maintains the walkway?
Mr. McDowell: Under the City's requirements, we do. We will own it, there
will be a baywalk easement, but we're responsible for maintenance.
Commissioner Pltuuner: But you're responsible for maintenance and upkeep?
` Mr. McDowell; Yes, we are.
166 ?ebru4ry 15, 1990.
Commissioner Plummer: OK, just for my edification, do we allow them, on this
public walkway, to have any cafes or selling of merchandise? I see that's in
here and striked out, but is it in any other portion? In other words, can
they put tables... can they get a concessionaire to go out there on that
walkway and establish a river cafe walkway?
Mr. Maxwell: Quite frankly, Mr. Plummer, I'm not certain, but the sidewalk
cafe ordinance that allows for that type concession activity deals with public
right of ways and I'm not so sure whether - in fact, I don't think the
sidewalk cafe ordinance would allow that along the river walk.
Commissioner Plummer: OK.
Mr. McDowell: I can give you a very specific answer based on both the
existing ordinance and the proposed new zoning ordinance and that is that we
can have sidewalk cafes that come up to the landward side of that river walk
requirement. We cannot block the river walk.
Commissioner Plummer: OK.
Mr. McDowell: It is a required pedestrian easement.
Commissioner Plummer: That's a minimum of 20 feet all the way through?
Mr. McDowell: That's correct.
Commissioner Plummer: Let me ask a stupid question, I guess, it's not stupid
if you don't know the answer. Who indemnifies, who is the responsibility of
liability? No, I mean if somebody falls out there and trips, is it their
liability or is it the City's? They own the property.
Vice Mayor Dawkins: Then it's their liability.
Commissioner Plummer: Well, I don't know, that's why I'm asking.
Mr. Maxwell: It depends on whether the property is dedicated or not.
Commissioner Plummer: Well, in this particular case, if Joe Smith is walking
the walkway and stumbles and falls, is the liability of Alandco or the City?
Mr. Maxwell: It would be...
Mr. Rodriguez: My understanding...
Mr. Maxwell: It would be our position in defending a lawsuit, that it would
be Alardco's responsibility.
Commissioner Plummer: Let's ask Alandco what they understand.
Mr. McDowell: I don't know that I would have an absolute answer for you other
than we will continue to own the land, there is a river walk easement over
that portion of land, but we are still the property owner and we're still
responsible for maintenance. So, I presume...
Commissioner Plummer: I'm not talking about maintenance now. I'm worried
about these high priced lawyers that get million dollar settlements.
Mr. Maxwell: Mr. Plummer, it would be my advice to you and probably we could
be expected to be named as defendants in any lawsuit.
Commissioner Plummer: I can understand that.
Mr. Maxwell: Our defense would be that we don't own the land.
Commissioner Plummer: But are they going to be required to take out an
insurance policy on the walk way as well as their property?
Mr. McDowell: We will clearly carry insurance covering the entire property
including the walkway.
Commissioner Plummer: That's fine, OK.
167 February 15, '_990
Ii ]
Mayor Suarez: I'd particularly have it on the walkway.
Mr. McDowell: Absolutely,
Commissioner Plum;Ter: You worry about your property, I'll worry about our
area. OK. I moved it, Mr. Mayor.
Mr. McDowell: If you would, I would ask that...
Mayor Suarez: OK, we have a motion and a second. Any discussion?
Commissioner Plummer: Did the City Attorney see this latest document he
passed out?
Mr. McDowell: The staff - you're planning department staff has seen it and
they are in agreement with these proposed minor modifications.
Commissioner Plummer: Well, I'm asking the City Attorney.
Mr. Maxwell: The answer is, no, sir.
Mayor Suarez: Mark it up. OK, any further discussion? If not, please read
the ordinance.
Commissioner Plummer: All right, I'll move this item subject to the City
Attorney being comfortable with all of the documents surrendered.
Commissioner Alonso: One question.
Commissioner Plummer: Yes, ma'am.
Commissioner Alonso: Page 17. I have a question. Are you willing to put in
the covenant that you are going to have a riverwalk.
Mr. McDowell: It is in the covenant already.
Commissioner Plummer: That's what we were just discussing.
Commissioner Alonso: It is?
Commissioner Plummer: Yes, 20 foot.
Mr. McDowell: It is in the covenant.
Mr. Maxwell: Yes, it is.
Commissioner Alonso: It is?
Mayor Suarez: And insured.
Commissioner Alonso: go we are certain.
Commissioner Plummer: Yes.
Commissioner Alonso: That they are going to have the riverwalk.
Mr. Olmedillo: They must provide it because they are on the river and they
have to provide it.
Mr. Rodriguez: This is number two.
Mr. Maxwell: It°s subject to construction of a building.
Commissioner Alonso: I want to hear from the attorney that it's... they are
going to have it?
Mr. Maxwell: Subject to issuance of the first certificate of occupancy on the
building so if they don't build anything, we won't get a riverwalk. Only it
they build something.
Comminsioner Alonso: OK; because that's something that it's...
10
=3,
Mr. McDowell: In fact, I would go a step further. As part of our platting
process, the City currently holds a one million dollar bond which includes the
installation of the riverwalk.
Mr. Rodriguez: That's fairly good.
Commissioner Alonso: So, we are going to have the riverwalk.
Commissioner Plummer: When are you going to pay the check to the Centro
Hater?
Mr. McDowells Whenever you'd like.
Commissioner Plummer: Tomorrow.
Mr. Fine: I don't know about tomorrow...
Mayor Suarez: Pretty soon.
Mr. Fine: ?Text Tuesday they'll get a check.
Commissioner Plummer: Haw about Monday?
Mayor Suarez: Pretty soon.
Mr. Rodriguez: Tuesday.
Commissioner Plummer: Mr. City Attorney, let me ask a question because I've
been asked this before. Can they, as making a donation to Centro Hater, pay
that direct rather than to the City and then they can use that as a donation?
Mr. Maxwell: No, air, I think you should accept it, donation through the City
coffers.
Commissioner Plummer: Is that. then - is that right? Can they write that off?
Mr. Maxwell: Who write it off?
Commissioner Plummer: Can the company write it off?
Mr. Maxwell: It depends on how it's made. The City is a nonprofit
organization. That extent they could.
Commissioner Plummer: It wasn't designed that way, it just worked out that
way. OK.
Mayor Suarez: OK, we have a motion and a second. Read the ordinance. That
it or are you catching your breath?
Commissioner Plummer: The little nuns at Centro Hater are going to flood you
with prayers and appreciation.
Mayor Suarez: Call the roll.
Commissioner Alonso: And even more important, thousand.
AN ORDINANCE -
ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 15-SPI, SPECIAL PUBLIC INTEREST
DISTRICTS, TO ADD NEW SECTIONS 15210 ET SEQ. SPI-21
RIVER QUADRANT MIXED USE DISTRICT; PROVIDING FOR
INTENT AND SPECIAL PERMITS, ESTABLISHING PERMISSIBLE
PRINCIPAL USES AND STRUCTURES; PERMISSIBLE ACCESSORY
USES AND STRUCTURES, MINIMUM LOT REQUIREMENTS, FLOOR
AREA LIMITATIONS AND MINIMUM OPEN SPACE REQUIREMENTS,
AND PROVIDING FOR VARIATIONS; ESTABLISHING HEIGHT
LIMITATIONS, OFFICE PARKING AND LOADING REQUIREMENTS,
AND LIMITATIONS ON SIGNS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of January 25, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10708.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Five thousand?
Mr. McDowell: Yes.
Commissioner Plummer: Oh, OK, yes.
Commissioner Alonso: Yes, I'm going to trust them. Yes.
Mr. Fines We're going to prove your professor wrong.
Mayor Suarez: Yes. Let the record reflect he's speaking out of turn again
but that's OK, we've grown to love him over the years. Yes, Vice Mayor
Dawkins?
Vice Mayor Dawkins: May I ask, how many people are in here on PZ-8?
Commissioner Plummer: Wait a minute...
Vice Mayor Dawkins: Wait a minute, hold it. I've got a...
Mayor Suarez: Yes, we're going to that PZ-3, right.
Vice Mayor Dawkins: I've had a number of requests that it be continued, and
I'd like to know if it's controversial to continue it, I will wait and hear
it, but I wouldn't want a lot of people sitting here on PZ-8 and then when we
get there, we continue it and they say, well, Jesus Christ, I've been here all
day.
Mayor Suarez: On PZ-8, are both sides agreeable to continue this? No. Or
not?
Al Cardenas, Esq.: No.
Vice Mayor Dawkins: OK, well they're agreed then.
NOTE FOR THE RECORD: In connection with Agenda item
PZ-8, the City Commission inquired of Counsel for
appellee if they would consent to a continuance of the
item. The answer was no. This item was later
considered and discussed - See label 25.
170
19. SECOND READING ORDINANCE: AMEND ZONING ATLAS FROM WF-I/7 WATERFRONT
INDUSTRIAL AND CG-1/7 COMMERCIAL GENERAL TO SPI-21 RIVER QUADRANT MIXED
USE DISTRICT CONCERNING PROPERTY BOUNDED BY S.W. 2 AVENUE, THE MIAMI
RIVER, I-95 RIGHT-OF-WAY, AND S.W. 2 STREET. (Applicant: Planning
Department.)
Mayor Suarez: OK, PZ-3 is a companion item. I'll entertain a motion on it.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the - read the
ordinance.
Joel Maxwell, Esq.: Which one is that? -I'm sorry.
Mr. Sergio Rodriguez: PZ-3.
Commissioner Plummer: Three.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE
PROPERTY GENERALLY BOUNDED BY S.W. SECOND AVENUE ON
THE EAST, THE MIAMI RIVER ON THE SOUTH, I-95 RIGHT-OF-
WAY ON THE WEST AND S.W. SECOND STREET ON THE NORTH
(MORE PARTICULARLY DESCRIBED HEREIN), FROM WF-I/7
WATERFRONT INDUSTRIAL AND CG-1/7 COMMERCIAL GENERAL TO
SPI-21 RIVER QUADRANT MIXED USE DISTRICT; MARKING
FINDINGS; BY MAKING ALL NECESSARY CHANGES ON PAGE 36
OF SAID 'ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of January 25, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the fallowing vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES& None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 1.0709
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
171
February 15, 1990
n
20. FIRST READING ORDINANCE% AMEND 10544 - MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN 1989-2000 (MCNP), FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION
AT APPROXIMATELY 120-186 S.W. 13 STREET AND 1315-1325 S.W. 2 AVENUE FROM
OFFICE TO RESTRICTED COMMERCIAL.
Mayor Suarez: PZ-4.
Mr. Guillermo Olmedillo: PZ-4 and 5 are companion items again and what you
have is a plan amendment and a zoning change. The plan amendment is from
office to restricted commercial and the zoning change if from...
Commissioner Plummer: Who's representing that august body of people?
Mr. Olmedillo: ...RO-3/7 to CR-2/7.
Commissioner Plummer: Have we discussed with him the idea that what are you
doing to benefit the citizens of this City, sir?
Hr. Al Quinton: Well, I could go...
Commissioner Plummer: You're asking us to give you a more liberal zoning.
What are you going to do for the citizenry?
Mayor Suarez: Before you put anything in the record, please let's make sure
that we have him sworn in and if he...
Commissioner Plummer% Oh, I'm sorry.
Mayor Suarez: ...he is representing anyone to make sure he's registered as a
lobbyist.
Commissioner Plummer: I can ask.
Mayor Suarez: Sir, what is your name and are you representing anyone or are
you on your own?
Mr. Quinton: My name is Al Quinton, Q-U-I-N-T-O-N, and our address is at the
World Trade Center, 18...
Mayor Suarez: You're here on your own behalf?
Mr. Quinton: I am one of the owners...
Mayor Suarez: OK.
Mr. Quinton: ...Bill Colson had waited patiently until about 5:00 and he
went...
Mayor Suarez: I saw Bill around. OK. Would you please be sworn in because
we have that requirement on planning and zoning items.
Mr. Quinton: OK.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: OK, proceed.
Mr. Quinton: As I said, our office is at the World Trade Center, 80 S.W. 8th
Street, Miami, Florida. Bill Colson was here representing some of the owners,
Walter Beckham couldn't be here. Unfortunately, they've misspelled Beckham's
_-= name, it's B-E-C-K-H-A-M in the application. I know that they had it listed
-'' as Beckman, and Beckham Youth Hall is named after his father. I'd defer to
Mr. Guillermo at this point.
172 February 15, 1990
1-
Mayor Suarez: Mr. Guillermo, you've just been baptized. He's just deferred
to you. What are you going to tell us?
Commissioner Plummer: What volunteer covenant are you making for them, Mr.
Guillermo?
Mr. Olmedillo: I'll be glad to make a covenant for them.
Mayor Suarez: Yes, it fits. Mr. Quinton, it really fitsl Mr. Guillermo, I
like that.
Commissioner Plummer: Mr. Guillermo, what volunteer covenant would you make
in their behalf, sir?
Mr. Olmedillo: My ears haven't been sweetened by any voluntary covenant, sir.
Commissioner Plummer: Would like to help him make that decision, sir?
Mr. Quinton: I didn't come here, Commissioner Plummer, we haven't been
approached in this fashion in the past.
Commissioner Plummer: Well, you're not being approached now, sir. Anything
you do is voluntary.
Mr. Quinton: I would have to obviously consult with Mr. Beckham and you can
see the number of owners that are involved. I don't think that this point in
time I'm qualified to make their decision for them on that basis.
Commissioner Plummer: Well, that's right, we'll make it on first reading.
But you know, the Boys' Club over there, which do a great job for this
community sure could use some equipment, so I would hope that before second
reading reading, you could keep that in mind, sir.
Mr. Quinton: I think you can take judicial notice, Mr. Plummer, that Mr.
Colson is a fairly civic minded fellow. I have been over the years, Mr.
Beckman has,...
Commissioner Plummer: Unfortunately sir, I know all of you.
Mr. Quinton:... Mr. Pat Herat, and so forth. So, for better or worse, I think
we do have the community's welfare highly in mind.
Commissioner Plummer: I'm sure that you will come up with adequate equipment
in a volunteer. .rust for the record, this is the first time it happened. I'm
not in a conflict. Mr. Bill Colson has represented me and does represent me
on a number of occasions. It's of no conflict that he is my legal advisor?
Mayor Suarez: You are paying him, he doesn't pay you.
Commissioner Plummer: I pay him is correct, but I mean, I want it on the
record that Bill Colson has represented me in any number of litigations and
that in fact that that is not a reason to withhold my vote.
Mr. Joel Maxwells I don't believe that it is, sir.
Commissioner Plummer: If it is, please say so. I mean, I...
Mr. Maxwell: Do you expect to benefit in any way financially from this?
Commissioner Plummer: Hell no, I pay him, he doesn't pay me.
Mayor Suarez: All right.
Mr. Maxwell: I don't believe you have a conflict.
Commissioner Plummer: OK, just asking.
Mayor Suarez: As we have a motion...
Mr. Rodriguez: And for the record...
Commissioner Plummer: I'll move it on first reading, Mr. Mayor.
173 February 15, 1990
Mr. Olmedillo: Mr. Mayor, just for the record, Planning Advisory Board
recommends approval. The Zoning Board recommends approval and the Planning
Department recommends approval.
Commissioner Plummer: That's exactly what I read here.
Mayor Suarers So moved. Do we have a second?
Commissioner Alonso: Yes, second. _
Mayor Suarez: Second. Any discussion? If not... does anyone wish to be
heard against it? Let the record reflect no one stepped forward. Please read
the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR
PROPERTY LOCATED AT APPROXIMATELY 120-186 SOUTHWEST
13TH STREET AND 1315-1325 SOUTHWEST 2ND AVENUE (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM OFFICE TO
RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO
THE AFFECTED AGENCIES; AND PROVIDING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
21. FIRST READING ORDINANCE: AMEND ZONING ATLAS AT APPROXIMATELY 120-186
S.W. 13 STREET & 1315-1325 S.W. 2 AVENUE FROM RO-3/7 TO CR-2/7.
Mr. Plummer.: I move item 5 as a companion item.
Mayor Suarers Companion item is moved.
Mr. Al Quinton: OK, appreciate your consideration, gentlemen.
Commissioner Plummer: Wait a minute sir, you haven't won completely.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? Anyone wish to be heard against PZ-5?
Let the record reflect no one stepped forward. Please read the ordinance. Call
the roll.
174 February 15, 1990
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATIONS OF 1315-1325 SOUTHWEST 2ND AVENUE AND
120-186 SOUTHWEST 13 STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM RO-3/7
RESIDENTIAL OFFICE TO CR-2/7 COMMERCIAL RESIDENTIAL
(COMMUNITY); AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO. 37 OF SAID ZONING ATLAS CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following votes
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Quinton: I can thank you for your patience and perseverance at this point
and for your consideration. Thank you.
Mr. Plummer: We'll sure be interested to hear from you on second reading,
sir.
22. DISCUSS AND CONTINUE TO MARCH 22ND MEETING CONSIDERATION OF AN APPEAL
BY OBJECTOR TO REVIEW ZONING. BOARD'S APPROVAL OF THE APPEAL, THEREBY
REVERSING DECISION OF ZONING BOARD'S ADMINISTRATION, WHICH ELIMINATED
COOKING AT 3328 S.W. 23 TERRACE. (Appellant: Arturo G. Caraballo.)
Mayor Suarez: Yes, PZ-6.
Commissioner Plummer: That's what's cooking.
Mr. Rodriguez: The appeal from, Mr. Caraballo.
Mayor Suarez: All right, who do we hear from on PZ-6?
Commissioner Plummer: I saw this lady that was about 14 months pregnant.
There she is.
Mayor Suarez: We have a saying here it is unfair to bring minor children to
argue your case and support. I don't know what that means in your case. From
my perspective it is totally unfair. Anyhow, we will not be swayed by the
simple fact that you're very pregnant! Counselor, what have you got to tell
us? Have you been sworn in?
Mr. Al Cardenas: Yes. Mr. Mayor, I'm the appellee, not the appellant, but I
just wanted to know in case that you might to consider it before we get going
that...
Mayor Suarez: And anyone else, Mr. Caraballo?
Mr. Arturo Caraballo: I beg your pardon? No.
Mayor Suarez: Do you want to be sworn in please, sir? Leo is not going to be
heard on this? He's hiding back there. OK, swear in the two of them and the
Mrs.
175 February 15, 1990
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mr. Caraballo: My name is Arturo Caraballo.
Mayor Suarez: I guess the appeal is by the objectors, so yes, go ahead, Mr.
Caraballo.
Commissioner Plummer: Let me ask for the record...
Mr. Cardenas: Well, my point was that I was going to talk about a continuance
and tell you why, in case you want to discuss it before you get into the
merits.
Mayor Suarez: OK, if it's procedural, why don't you go ahead and tell us why
and maybe we'll get him to agree.
Mr. Cardenas: Last week...
Commissioner Plummer: May I ask, since we instructed you at the last meeting
to meet with this gentleman. For the record, did you meet with him?
Mr. Cardenas: Yes, sir.
Commissioner Plummer: Thank you, sir.
Mr. Cardenas: Last week, last Thursday, we were here. It was suggested that
I meet with Mr. Caraballo. Whenever I'm suggested something here I think it's
appropriate to follow suit and I did and I met with him and...
Commissioner Plummer: Oh, ho, ho, hot
Mr. Cardenas: ... his son and I did that for about an hour and one-half at
his home. We discussed at length the whole situation. Mr. Caraballo, at that
point suggested to me that there was one missing party whom he felt should
have been present at the meeting in order to fully discuss the matter, that
being the owner of the property. Of course this was like Friday, and I was
out of town the first two days of this week, but I did speak with counsel for
the owner who is here. We would like to have the opportunity to follow
through with his suggestion and have counsel for the owner, the owners and
ourselves, meet with Mr. Caraballo, and if that would be acceptable, hopefully
you could give us a couple of weeks to that and come back to you.
Mr. Plummer: Is it agreeable with him?
Mr. Caraballo: What I want to have is the owner of the property right here to
declare under oath that he was operating the printing shop that say, June 10,
1988, otherwise the permit that they granted, they granted to a person who'do
not have the right to receive because he lost it.
Mayor Suarez: Mr. Caraballo,• short of having him swear under oath today,
which he obviously isn't here to do, only his attorney is, sir...
Mr. Caraballo: Yes, there is more, Mr. Mayor, which is... there is two, and I
give it to you and to the rest.
Mayor Suarez: But you didn't let me finish, Mr. Caraballo... wait a minute,
you didn't let me finish my question. Is it profitable for us to continue
this item and have you meet with them and see if you can directly from the
owner work out whatever it is you want to have him assure you.
Mr. Caraballo: I would have said that part because I want them here and I
want Genuardi too because they are the two persons that have to, clarify why
they say that they were operating a printing shop that was not there and there
is...
Commissioner Plummer: Is there anyone else here besides the immediate parties
that are here to speak on this issue? Is it possible Mr. Cardenas, to get the
owner here at the next meeting?
Mr. Cardenas: Yes, sir.
176 February I$, 199Q
r
Commissioner Plummars I move to defer.
Mayor Suarez: OK, so moved. Continue until the hearing of...
Mr. Rodriguez: March 22nd.
Mayor Suarez: March 22nd and if it is at all possible, Mr. Caraballo, are you
going to reeet with them in the meantime?
-
Mr. Cardenas: Yes, sir.
Mr. Caraballo: I meet with her, with him and...
Mayor Suarez: And the owner, perfect.
Mr. Caraballo: And with the owner. -
Mayor Suarez: That may resolve it. OK, otherwise, we'll be back here for all
kinds of swearings, all right?
Commissioner Plummer: Is that meeting going to be in the kitchen?
Mr. Cardenas: Wherever he selects.
Mayor Suarez: OK, we have a motion, do we have a eecond?
Commissioner Alonso: Yes, second.
Mayor Suarez: Seconded.
Commissioner Plummer: I will.
Mayor Suarez: Any discussion? If not, please call the roll, the plans are
not being discussed now.
MOTION TO CONTINUE
UPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER ALONSO, ITEM PZ-6 WAS CONTINUED TO THE MARCH 22, 1990
COMMISSION MEETING BY THE FOLLOWING VOTE OF THE CITY COMMISSION:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Yes, OK, go and try to resolve it. Come back, hopefully with a
resolution.
r-
23. DENY APPEAL AND CONFIRM ZONING BOARD'S GRANT OF SPECIAL EXCEPTION TO
CONSTRUCT RESIDENTIAL UNITS FOR PROPERTY LOCATED AT 2573 TRAPP AVENUE,
WITH PROVISOS.
Mayor Suarez: PZ-7, I saw James out there.
Mr. Guillermo Olmedillo: PZ-7 is an appeal to a decision made by the Zoning
Board to grant a special exception to property located at 2573 Trapp Avenue
and as usual, we let the appellant speak first.
Commissioner Plummer: Well, let me ask a question.
Mr. Olmedillo: Yes.
Commissioner Plummer: How big is the piece of property? How many square
feet?
Mr. Olmedillo: I will tell you in a minute.
Commissioner Plummer: Fifty by two hundred?
Mr. Olmedillo: Right, fifty by two hundred, 2.29 acres.
Commissioner Plummer: And what is the owner proposing, or wants to do?
Mr. Olmedillo: He has two units and the special exception provisions allow
him to increase until he has one unit per every.2,500 feet so he's increasing
from two to four units.
Commissioner Plummer: OK. Mr. City Manager, don't let what's the doctor's
name back there - Public Works.
Mr. Rodriguez: Dr. Prieto.
Commissioner Plummer: Prieto.
Mr. Rodriguez: Prieto.
Commissioner Plummer: Don't you leave sir. I want you stand up after this
next because I've got bone to pick with you, OK? We told you to remove those
damn barricades. I drove by there again today and those barricades on Aviation
are not drive throughable. We told you a month ago that if they didn't meet
the criteria set... I'll get into it, OK?
Mayor Suarez: All right, where are we? Where are we going to hear from the
appellant is Mr. Johnson. Go ahead.
Mr. James H. Johnson: Yes, that is correct.
Mayor Suarez: And then we'll hear from you, counselor. Has everybody been
sworn in? Nobody's been sworn in. Can you please swear them all in,
including anyone who might testify in your behalf?
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mayor Suarez: James, proceed.
Mr. Johnson: My name is James Hayden Johnson, I live at 3025 Lane Street,
Coconut Grove. It might be that you should let them present whatever they
have, because at the last time when they talked with me, they were going to
change some items. What they had planned on doing, the reason I object, they
have a fifty lot which is 200 foot in depth. At this point right now we've
got some barricades in the area. We have a place that is now quite livable
for the City of Miami and it's what you people had proposed some five and one-
half years ago, We now have a residential area which is now quite nice. Of
the density in the area, if it was to be increased, I have 65,000 square feet
of property there.
178 February lg, 1990
n
Mayor Suarez: You are saying, James, if I may interrupt you, that possibly if
they had made some of the modifications that you requested, we may not have
this dispute, is that what you are saying? You want to let them go and then
reserve some time for yourself?
Mr. Johnson: That's what I was saying.
Mayor Suarez: All right, go ahead, go for it, counselor.
Mr. Al Perez: Mr. Mayor, Al Perez, with the law firm of Haley, Sinagra &
Perez, 100 South Biscayne Boulevard, Suite 800, Miami, Florida. I'm here on
behalf of Mr. Dan Miller, the owner -applicant. We have nothing to say because
we have not...
Commissioner Plummer: Have you_ been sworn in?
Mr. Perez: Yes, sir, Mr. ...
Commissioner Plummer: And you are a registered lobbyist, sir?
Mr. Perez: I'm an attorney for Mr. ...
Commissioner Plummer: No, no, are you a registered lobbyist?
Mr. Perez: Yes, sir, I am not.
Commissioner Plummer: Then you can't testify, sir. It takes you two seconds
to do and IRS would like to hear from you.
Mayor Suarez: Do you want to state anything, since you are the client and you
don't... I presume, you are the client, right, sir?
Mr. Dan Miller: Yea, sir. The appellant mentioned the density in the area.
Mayor Suarez: No, no, I mean just as to the issue that he was talking about
that you've made some modifications that are responsive to his concerns.
Mr. Miller: When I saw there was just one appealer within the 375 foot
radius, I met with the gentlemen, I guess two to three times and he had
mentioned to me that his main appeal was that he did not like the design of
the structures that...
Mr. Johnson: Sir, why doesn't he answer your question that you asked him?
Mayor Suarez: That's not the main thing that you thought might have been
resolved by now?
Mr. Johnson: You asked him did he change what he previously had proposed.
Mayor Suarez: That's right. Have you changed anything to adjust to his
concerns or not?
Mr. Miller: What I did Mr. Mayor, I met with the gentleman and just on my own
drew some different elevations that might accommodate him more aesthetically.
I must...
Mayor Suarez: Has he seen those? Have you seen those?
Mr. Miller: Yes, he did and he did return them to me.
Mayor Suarez: Would those be... assuming that those were acceptable, would
those be, to Mr. Johnson to the appellant, would those be the kinds of things
that in this particular case we can build into the application or not?
Mr. Johnson: I think, as you know from the past, that I have about 55,000
square feet there and about 30,000 that is undeveloped at this point. If I
wanted to create a lot more density, I'd be coming here after it. At this
point, I live there and I've spent about $7,000 for plans to add an addition
to my house because I have an addition to my family. Since we've done
somethings with barricades to other items, it's become a completely different
place to live. At this point now, we're all the people...
179 February 15, 1990
11
Mayor Suarez: Nicer place to live?
Mr. Johnson: Much nicer.
Mayor Suarez: Thank you, I mean, put that in the record. We don't always get
complimented for what we've done.
Mr. Johnson: Right, and we're trying now, we've worked with the fire
Department and the other ones to comply so that everything is going to be
stable there on the street closures at...
Mayor Suarez: I love your philosophy, James, but as to the issue of the
renderings that he gave you, are those acceptable now, or are you still...
Mr. Johnson: No, not at this point, because he was going to come back with
something concrete and if I said that it was acceptable. At this point he
wants to take a 50 by 200 foot lot and have an entrance that tames in from an
old Coconut Grove home that's been there for quite a few years. He wants to
build a total of four units, which would be adding to and part of another one
out of texture 111, which is mostly wood. He wants to do something right now
that is not right for that area. I've spent quite a bit of money on the 14
pieces that I have there, upgrading them and the reason is because I'm living
there, and so is everyone else. It would just add more congestion to the area
that we've already been working on to try to keep this down.
Mayor Suarez: All right, so go ahead and proceed, I think we have an idea
what you are opposed, so why don't you go ahead and...
Mr. Miller: Mr. Mayor and Commission, after I add the two units to my
property, I will have a total of 27 percent lot coverage, where the existing
properties that all adjoin me are 70 percent or better. I might want to add
that the adjoining properties to my property, I have nobody that has a problem
with what I want to do. In fact, the two additional units on my property will
be on the back of the property. It will not affect the properties in the area
aesthetically from the street. I might add that I've accommodated with enough
parking spaces where they are all off-street. My house was built in 1926, my
reason for using the T-ill horizontally is, that 'I'm trying tc match the
existing structure which I think is homogenous to the area.
Mayor Suarez: The T-111 horizontally. What are we talking about?
Mr. Miller: What it is, it is wood, it is plywood that is manufactured to
look exactly like tongue and groove wood, because Dade County pine does not
exist and is not obtainable.
Mayor Suarez: Some kind of construction material, is that what you're saying,
counselor?
Mr. Miller: Yes, sir. It would match the existing structures on the lot
and...
Commissioner Plummer: Mr. Miller, how long have you owned this property?
Mr. Miller: Ten years, sir.
Commissioner Plummer: And when you bought this property at the time, you
realized that it was a single lot.
Mr. Miller: I realized that it was a large piece of property, ten thousand...
Commissioner Plummer: You realized though, that it was a single lot?
Mr. Miller: I don't know how to answer that, sir,. As far as the zoning in
the ordinance...
Commissioner Plummer: You were aware at the time you purchased it, that you
were only allowed to put on two units.
Mr. Miller: No, sir. As per Building & Zoning, I am allowed to put four
units as long as I have 2,500 square foot per unit. The intent of this public
hearing is, that once you meet the criteria, one unit per 2,500 square feet,
180 February 150 1990
it does have to go for public acceptance. And as we looked on the board a
moment ago, there was only a couple people that responded against my intent.
Mr. Johnson: If you can see, that's all zoned for duplex lots, the whole
area. OK, since it is changed there now, it is increased our property value
by a lot of things that have been happening and it's made the area completely
different. At this point there has been there for quite a few years an
apartment complex, which is on a lot which is similar to his where you have
access. If you can see, the old house sits on the front of the lot and your
actually... the carport's been torn off now, so the access will be down to
where the carport is. I'm never one to try to harm someone at this point,
because someday I might decide to put something in here, but it's the quality
of the construction and at this point right now, it's what we have in the area
existing. Since a lot of things have happened, we've eliminated a lot of
crime. There's been almost everything is changed in this area and I don't
want to see it come back again. I have three houses directly across the
street from it I live closer than 100 foot to the property.
Mayor Suarez: What is the criteria to be applied in a special exception of
this kind, Mr. Guillermo?
Mr. Olmedillo: There is a catchall that it has to be in compliance with the
environment of the neighborhood. That's one of the criteria. The other
criteria are access, handling of garbage, drainage, traffic, parking.
Mayor Suarez: What is the recommendation of Planning?
Mr. Olmedillo: Before you, you have a decision by the Zoning Board, which is
to approve this plan subject to a six-foot wood fence to be maintained and a
landscaping plan to be approved by the Planning Department. Originally the
Planning Department had recommended to the Zoning Board a solid masonry wall
around the property.
Mayor Suarez: The ones that J.L. likes a lot.
Commissioner Plummer: I like masonry wall, but not solid.
Mayor Suarez: He likes them with big holes. Anyhow, OK, I was just kidding.
Go ahead, and let me ask a question. Did Mr. Johnson make a presentation
against this at the Zoning Board?
Mr. Olmedillo: I don't recall he was present at the Zoning Board, sir.
Mayor Suarez: Did you, James?
Mr. Johnson: No, I'm doing extensive work in St. Croix on some piers down
there for the cruise ships to come back to the island, so I'm not here.
Mayor Suarez: You never have a simple answer to a simple question, do you?
Mr. Johnson: I'm not here. I haven't been and I wasn't here at the time so
when I came back then I had to review thft plans and see what it was and that's
when I filed.
Mayor Suarez: How much of the St. Croix reconstruction have you gotten for
yourself there? Just kidding, you don't have to answer it.
Mr. Johnson: I used to live down there.
up with it.
Mayor Suarez: All right, counselor.
I didn't go there for it. I wound
Mr. Perez: To embellish upon Mr. Plummer's question of Mr. Miller, whether he
knew it was a single lot. One thing I want to make clear is that there are
two detached dwellings on the property now. It is zoned for duplex and all we
want to do is add a unit to one and a unit to the other and we are well within
all of the requirements of Planning and Zoning, within setback requirements,
within green area requirements, certainly within lot coverage requirements.
After the building is done and completed, we will only have 27 percent lot
coverage, The contiguous parcels all have 70 percent lot coverage and we have
the approval of all contiguous neighbors to this proposed building.
181 Februairy 15, 1990
L
Mayor Suarez: I guess if they have '10 percent lot coverage they would be
embarrassed to be opposed to your addition. What does the Comp Plan say?
What do we call for in that area?
Mr. Olmedillo: The Comp Plan calls for 18 units per net acre, which is
consistent to...
Mayor Suarez: Which for 10,000, is what, one-fourth of that?
Mr. Olmedillo: It is four per 10,000, four units per 10,000.
Commissioner Plummer:
To the right, what is on that side?
Mr. Olmedillo: That is an existing unit and they are vested.
Commissioner Plummer: What?
Mr. Olmedillo: They are vented. That is a nonconforming legal...
Mayor Suarez: Nonconforming legal use?
Commissioner Plummer: What is the normal sized set -back?
Mr. Olmedillo: Five feet.
Mr. Johnson: That was an outbuilding. That wasn't a residence for many
years.
Mayor Suarez: We need you on the mike, James.
Mr. Johnson: That was an outbuilding. That wasn't necessarily a residence
and the main thing is if you look at the construction, is my biggest objection
of and I have talked to Mr. Miller several times, in fact, quite a .few times
and now it is getting rather irritating and he's told me quite a few items
that if he went through with them would have been fine with me. But in my
opinion, he'll say something once and change it, I'm going to, get upset with
it. And this was conditioned, and the last time I talked to him, I explained
to him that I do have a lot of property in the neighborhood. I plan on living
there, but at one point, I might decide to change things or try to' and I
explained a little bit to him, it is a matter of upgrading the neighborhood
and I didn't plan on seeing something that's going to take it back down and
make it so congested that we couldn't have the type of life we have there. I
suggested to him and that he could come and talk with me, that he doesn't need
four units to make what he's trying to make, I assume for the property, some
more income. At first he said he was going to live here, which he doesn't, he
lives in Ft. Lauderdale, and so we had several discussions aver it and I said,
if you put three units, but put something nice there, you'll be able to get as
much revenue as you can out of four and I could show you how to do it, because
I have about 20 units there at this point.
Mayor Suarers And what is the Planning Department recommend then, with all of
the embellishments and so on? You recommend now favorably, is that the idea,
with the wall and landscaping?
Mr. Olmedillo: We recommend in favor of the original plans that went to the
Zoning Board, subject to the wall to be solid masonry wall, instead of a wood
fence.
Mr. Rodriguez: And also a landscaping plan.
Mr.. Olmedilio: A landscaping plan.
Mr. Johnson: There is no masonry walls around there at this point. And you
said one more, it had to comply with...
Mr. Perez: Mr. Mayor, may I make a comment?
Mayor Suarez: Please, counselor.
Mr. Perez: If I can give you a little bit of background, because we're...
Mayor Suarez: And then we wrap up because we've got other items.
182 February 15, 1990
.r-
Mr. Perez: But, we're rehashing things. Mr. Hayden was not at the meeting
where the nine - zero vote was taken, and so for his benefit, let me just give
you a little bit of history. This is a very quaint building. It was built in
1920. We are trying to duplicate aesthetically what's there with building
materials that the Building Department has to approve. You are not going to
decide today exactly what we are going to put there. I presume the Board of
Architects and the Building Department has to approve what we are going to do.
Again, what I want to emphasize is the fact that this is a very quaint area
with lush landscaping. We are going to preserve it exactly as it is and to
s acquire us to put or even consider a masonry wall would be obnoxious,
respectfully. There is an existing six foot wood fence there which we will
gladly continue to maintain and continue to do all of the things that the
Planning Department asked us for. As a matter of fact, we only required at
one point to put six off-street parking spaces and we went to eight and Mr.
Hayden was not there at the meeting and respectfully, we've complied with
everything.
Mr. Johnson: I would have been there and I'm not against things as long as
they are going to be aesthetically to the Grove and bring up with all of us,
including this Commission has been fighting for all the years.
Mayor Suarez: It's almost as if we don't have discretion on this one.
Mr. Johnson: I happen to be a contractor and I do know the difference between
quality construction and poor construction and if he would like to come and
look, I could show him some quality construction all around the area and if he
would like to come and look at some investments that I've made to upgrade, I
will show him those and I already had.
Mayor Suarez: OK, it sound like if he's going to be a good neighbor, he ought
to do that and you ought to give him all the aesthetic advice and construction
advice in the world. I just don't know that we have all that much discretion.
If it is in... as far as our Planning Department finds it to be in accordance
with what you know, all the criteria is satisfied for a special exception,
it's in accordance with the Comp Plan. I don't know, the lot coverage is
minimal. In fact...
Commissioner Plummer: My problem is putting four units on property that is
zoned for two.
Mr. Johnson: And if you could see, there is one page, the drawings, the
addition to my house has about 15 pages. It doesn't even tell you exactly, so
it gives the Zoning Board a rough idea of what's going to be there. Anything
could be put there, because there is nothing on it. I thought when we had,
like on 27th Avenue, the overlays, that these things would be reviewed.
Mayor Suarez: How about. that, Mr. Planning Director, or Mr. Guillermo, his...
are they supposed to be providing a lot more detail than what they are
providing at this particular level for us to be sure that they are going to
build something that meets the criteria of a special exception?
Mr. Olmedillo: No, because all they have to do is meet the zoning
requirements to setback, height, that type of thing, which is...
Mayor Suarez: Buffer, landscaping.
Mr. Olmedillo: Right. That doesn't require a...
Mayor Suarez: They can't build a monstrosity, I mean, we're sure that from
the criteria that we are able to apply, there is not much more that we can...
Mr. Olmedillo: There is nothing we can do about design. We have some special
districts which have design as one of the criteria, but not...
Mayor Suarez: This is not one of them. Anything further. Mr. Vice Mayor.
Vice Mayor Dawkins: What is the disposition as to the six foot concrete wall,
the replacement, or shifting of the ten foot, 12 foot oaks and the mahogany
trees, what's the disposition on that?
183 February 15, 1990
U
Mr. Olmedillo: Yes, the Zoning Board, that was a recommendation from the
Planning Department to the Zoning Board. The Zoning Board decided on the
wall, instead of a wall, a wooden fence and then the trees, yes, they accepted
that they come back to the Planning Department to review the landscaping
plans.
Mayor Suarez: Is that all still part of what we approved if we approved this?
Mr. Olmedillo: If you uphold the decision of the Zoning Board, you will be
upholding the wooden fence and the landscaping review by the Planning
Department.
Mayor Suarez: Including the trees that the Vice Mayor referred to?
Mr. Olmedillo: That is correct, but with a wooden fence.
Mr. Johnson: You have to look at the area. You having only a structure on 70
square feet, but you are having asphalt on the rest. You don't have any
green left.
Mayor Suarez: You are out of order. We have to resolve this and we got many
other items. Commissioners?
Commissioner De Yurre: Yes, Mr. Mayor, I move the recommendation of the
department along with the requirement that they have been asking, as far as
conditions.
Mayor Suarez: So moved.
Commissioner Plummer: With which conditions?
Commissioner De Yurre: Well, they were asking...
Commissioner Plummer: Masonry or wooden?
Commissioner De Yurre: No, wood.
Mr.. Olmedillo: Then you are upholding the Zoning Board's decision.
Commissioner De Yurre: Upholding it.
Commissioner Plummer: You are rejecting the appeal.
Ms. Miriam Maer: In other words, you are not moving to apply this
recommendation to the Planning Department, but to uphold the decision of the
Zoning Board?
Commissioner De Yurre: Correct.
Ms. Maer: Which is the wood fence and not the tree discussion.
Commissioner De Yurre: Correct.
Mayor Suarez: Why can't the landscaping still be in there as recommended by
the Zoning Board?
Commissioner Alonso: The landscaping.
Ms. Maer: Yes, the landscape plan as approved by the Planning Department,
that's correct.
Mr. Perez: That is in there, yes.
Ms. Maer: And the difference from the Planning Department recommendation is
the wood fence as opposed to the concrete.
Mayor Suarez: That's it.
Commissioner De Yurre: Correct.
Mayor Suarez: So moved.
184 rebruaxy 15, '1990
0
Mr. Johnson: There were trees where the parking lot is, one, two, three,
four, five, this is trees and all greenery, see it is gone, so even there we
only have a small coverage, like he's saying, the building, we've lost
everything else to parking areas and to paving or whatever is going to be
there.
Mayor Suarez: Yes, the lot coverage argument that you made, counselor,
probably didn't include the parking or what you now will have as paved areas,
is that correct? I mean so we don't have on the record that you said you
claimed 27 percent of the whole lot would be actually covered.
Mr. Perez: That is the improvement, Mr. Mayor. By the way...
Mayor Suarez: Improvement meaning, does it include concrete driveway, parking
and so on?
Mr. Perez: No, it does not include the concrete driveway, if it's required.
Mayor Suarez: I didn't think so, yes that's additional. So he's right in
pointing out that a lot of what may have been foliage before is lost.
Mr. Perez: With all due respect, all trees that were required to be replaced
are going to be replaced.
Mayor Suarez: I understand all trees that we in our department...
Vice Mayor Dawkins: Will be replaced with trees of equal, for the lack of a
better word, canopy.
Mayor Suarez: Coverage, canopy.
Mr. Perez: Commissioner, I'd like to...
Mayor Suarez: Wait, wait, wait. That's directed at staff, we can't go back
and forth here.
Mr. Rodriguez: That the recommendation of the Planning Department is that
they will be substituted by other trees of 14 feet minimum height trees, which
are fairly large sized trees, and we have to approve the landscaping plan
anyhow.
Vice Mayor Dawkins: Forty foot medium height of what kind of a tree?
Mr. Rodriguez: Mahogany.
Vice Mayor Dawkins: In other words, what I'm trying to say is the trees that
are replacing tte trees we are removing, will it have the same canopy and
shade area?
Mr. Olmedillo: Well, we're try to do that review, Mr. Vice Mayor, is that we
get equal sized tree, and if we can't, we can relocations of the same trees,
but, obviously, you don't get the same sized tree, because these are mature
trees which are on the site.
Mayor Suarez: Sounds like you contradict yourself. You said equal sized
trees, but then you said not the same size.
Mr. Olmedillo: When you get... with a relocation, you have to trim.
Mayor Suarez: Not initially the same size, but hopefully, eventually the same
size. Well, anyhow, we've got a motion, do we have a second on this item to
reject the appeal and go with the Zoning Board recommendations and also I
guess, the Planning Board's landscaping plan.
Commissioner Alonso: I second.
Mayor Suarez: Moved and seconded, Planning Department, I'm sorry. Any
discussion? If not, please call the roll.
185 February 15, 1990
E -
The following resolution was introduced by Commissioner De Yurre, who moved
its adoption:
a,
d
RESOLUTION NO. 90-154
A RESOLUTION DENYING THE APPEAL AND AFFIRMING THE
ZONING BOARD'S GRANT OF THE SPECIAL EXCEPTION AS
LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT
_ REGULATIONS, PAGE 1 OF 6, PRINCIPAL USES AND
STRUCTURES, TO CONSTRUCT TWO (2) ADDITIONAL
�i RESIDENTIAL UNITS FOR A TOTAL OF FOUR (4) RESIDENTIAL
UNITS, AS PER PLANS ON FILE, FOR THE PROPERTY LOCATED
AT 2573 TRAPP AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN), SUBJECT TO A MINIMUM
_ SIX FOOT (61) TALL WOOD FENCE TO BE PROPERLY
- MAINTAINED AND RESUBMITTAL OF LANDSCAPE PLAN APPROVED
BY PLANNING DEPARTMENT SHOWING PLACEMENT OF OAK AND/OR
MAHOGANY TREES, ZONED RG-1/3 GENERAL RESIDENTIAL (ONE
AND TWO FAMILY).
(Here follows b 4y of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: OK, Governor.
Commissioner Alonso: That doesn't happen to you often, Mayor.
Commissioner Plummer: Twice in one dayl
Commissioner Alonso:...or Governor, I don't know what.
Mayor Suarez: James, I'm going to go with this. Yes, I vote yes. I think
however, that I should warn you that he is a very involved neighbor and he's 3
done many, many good things in the Grove. You ought to listen to his
recommendation, try to make it as aesthetically pleasing to the neighbors.
Otherwise, sooner or later, you are going to have all kinds of hassles in the
neighborhood and we don't need that.
24. DIRECT ADMINISTRATION TO REMOVE BARRICADES PRESENTLY INSTALLED ON
AVIATION AVENUE, IF NOT CORRECTED TO SATISFACTION OF FIRE DEPARTMENT
WITHIN 30 DAYS.
Commissioner Plummer: Mr. Mayor, may I inquire of the good doctor, whatever
his last name is about those barricades?
Mr. Rodriguez: Dr. Prieto.
Commissioner Plummer: I drove there this afternoon and I don't think that
what I saw, a fire truck or a rescue truck could run over.
Dr. Prieto: I agree sir.
Commissioner Plummer: Then we instructed you a month ago if it did not comply
with what this Commission's actions were, that you were to remove them and
make them in such a manner that they would.
186 February 15, 1990
3
Dr. Prieto: We've been trying to do that and we...
Commissioner Plummer: What do you mean, you've been trying?
Dr. Prieto: We took one of them and we changed the curb altogether to show
them how they had to be done. We are now trying to convince them, as you
know, we left them do the design.
Commissioner Plummer: Well, OK, I'll tell you what I'm going to do. I'm
_ going to make a motion at this time that if those barricades on Aviation
Avenue are not corrected within 30 days to the satisfaction of the Fire Chief
relating to emergency access, that they be removed. I will move that as a
motion.
Dr. Prieto: All right, sir.
Mr. Rodriguez: I want to remind you...
Commissioner Plummer: Give you a little clout.
Dr. Prieto: ... Commissioner, that these were installed by the neighbors in
the area.
Commissioner Plummer: I understand that, and 30 days ago when I told the good
doctor to make them comply...
Mayor Suarez: Well, there is a problem with the motion the way you made it
through. You said for the satisfaction of the Fire Chief. I think he is
against them generally. That's...
Commissioner Plummer: Well, no, that they can't drive over, is what I mean.
Mayor Suarez: OK, I'm just...
Commissioner Plummer: Mr. Mayor, there are two of them that I saw that have
now coconut trees in the middle and I don't think even a fire truck can drive
over a coconut tree. Besides, all... do you know that those suckers are going
around town stealing signs and erect them there that says, "No parking," "no
left turn," "no trucks." They have got signs that are...
Mayor Suarez: We're fast approaching 7:00 P.M. where we a special
Commissioner Plummer: I make a motion, Mr. Mayor.
Mayor Suarez: Can I persuade you to state it in a way that also takes into
account whatever it is that we approved for these barricades and not just
totally leave it to the discretion of the Fire Chief. I mean, understanding
that they are supposed to be there.
Commissioner Plummer: And the good doctor, that's fine.
Mayor Suarez: And the good doctor, the good doctor, yes. He's the one
that.. .
Commissioner Plummer: Doctor Feelgood.
Mayor Suarez: He's the only one at City Hall that seemed to know yesterday
how long... how much time it would take for an object to fall two feet in a
free fall and I appreciate that. Your calculations are exactly in accordance
with mine and I was able to complete what I was doing and the Manager said
depending on the weights, which I got a kick out of. Anyhow. All right, we
have a motion, do we have a second?
Commissioner De Yurres Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
i
•
=_ The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 90-155
A MOTION OF THE CITY COMMISSION GOING ON RECORD THAT
IF THE BARRICADES WHICH WERE INSTALLED BY THE
NEIGHBORS ON AVIATION AVENUE (PURSUANT TO R-89-485)
ARE NOT CORRECTED TO THE SATISFACTION OF THE CHIEF OF
THE FIRE RESCUE, AND INSPECTIONS SERVICES DEPARTMENT
_ AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS
(RELATING TO EMERGENCY ACCESS) WITHIN 30 DAYS FROM
THIS DATE, SAID BARRICADES SHALL BE REMOVED.
Upon being seconded by Commissioner. De Yurre, the motion was passed and
adopted by the following vote:
AYESs Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
25. CONTINUE CONSIDERATION OF PROPOSED APPLICATION FOR CERTIFICATE OF
APPROVAL FOR DEVELOPMENT ACTIVITY FOR PROPOSED DEGARMO ESTATES (3952
DOUGLAS ROAD) TO MARCH 8TH COMMISSION MEETING.
Mayor Suarez: Item PZ-8. Now, how many people are requesting this item -be
continued? I know that the applicant is, right?
Commissioner Alonso: No.
Mayor Suarez: The applicant? The Appellant? Mr. Berckmans is...
Vice Mayor Dawkins: Appellant.
Ms. Mary Webber: Mayor Suarez, I'm Mary Webber and I'm representing the
appellant in this case. Unfortunately, they were here this afternoon, but
they were called away and they apologize for that.
Mayor Suarez: But he is now requesting a continuance?
Commissioner Plummer: May I ask that everybody that's going to testify be
sworn in...
Mayor Suarez: Wait, I've got to figure out why we are even going to handle
that.
Ms. Webber: Mr. Berckmans is requesting a deferral to March 8th.
Mayor Suarez: OK, you are not in agreement with that?
Mr. Al Cardenas: No, we've been at this for eight months and...
Mayor Suarez: OK, let's... all right, swear everybody in.
Vice Mayor Dawkins: What now?
Mayor Suarez: Both sides won't agree to continuance, so we are swearing
everybody in.
Vice Mayor Dawkins: All right, so then that means I vote no for both of them.
188 February 15, 1990
tr,
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mayor Suarez: OK, we hear first from the appellant.
Vice Mayor Dawkins: Who is the appellant?
Mayor Suarez: Ma'am? Mary?
Mr. Webber: Is this discussion on the continuance?
Mayor Suarez: No, no, merits.
Ms. Webber: OK, it is our understanding that we do as the appellant...
Mayor Suarez: By the way, I'm sorry, but by the way, I know he has briefed my
staff quite at length, Mr. Berckmans, because I saw him more or less installed
in our office, I mean, we have pretty much his version, I presume he's done
the same thing with the rest of the Commission. I don't, know that he is
losing anything with your representation here.
Ms. Webber: Well, we have not had a chance to speak with the other
Commissioners Commissioner Alonso, Commissioner Plummer, have not been
spoken to yet and also, because we were under the impression that this would
deferred to March Sth as of today, we do not have our legal representation.
Mayor Suarez: What gave you that impression?
Ms. Webber: Excuse me?
Mayor Suarez: What gave you that impression that it would not...?
Ms. Webber: It was your office that gave us the impression.
Mayor Suarez: Ah he?
Ms. Webber: We were led to believe that this would be deferred to the next
Commission meeting which is on March 8th.
Mayor Suarez: It's probably the prediction on time, or something, maybe.
That's the only thing I could think of.
Ms. Webber: And right, because we had a commitment from your office as well,
because of the fact that you did have such a heavy agenda schedule today and
also I have...
Mayor Suarez: They shouldn't do that, they shouldn't do that, they shouldn't
project in advance like that. I don't know what else to do but to hear it on
the merits. It sounds like the Berckmans are very well represented.
Ms. Webber: I also have commitments from Commissioner. Plummer and .Dawkins
that they vote for the deferral.
Mayor Suarez: Ah he. Can we get, blame them on this.
Vice Mayor Dawkins:. Hold it now. You got a commitment from me, OK?, -,to
attempt to defer it, OK? And then you heard me ask for a deferral and they
said no.
Mr. Webber: Excuse me, I apologize, I understood that you would vote for a
deferral.
Vice Mayor Dawkins: I did, they brought it up, but they... OK, when -.it came
up, I did vote for a deferral and since they said no, I'm going to vote no for
them, OK? I don't have no problem...
Mayor Suarez: Counselor, I may solve this. As many times as you have been
trying to be heard on this, you said eight, which I find a little bit,..
Mr. Cardenas: No, I didn't say... I
Ms, Webber: Not before this...
189
L
s Mr. Cardenas: ... said that this is a matter which has been doing on for
eight months. We have had three hearings before the Heritage Conservation
_
Board, it's extensive negotiations and...
—
Mayor Suarez: Chances are you know, that we are going to be very attentive to
their arguments and if you don't allow the deferral, we may or may not be more
-
inclined to go with the appeal...
-
i
Vice Mayor Dawkins: Let's hear it and you're through with it. They don't
want it to appeal it here then turn it down and forget about it. That's
_
_—
- right, let it go and vote it down.
Commissioner Alonso: I'd like to know why you are not ready after eight
months?
= Mr. Webber: No, no, no. The appeal, this is an appeal, an appeal of the
F
Heritage Conservation Board's decision, which was only made two weeks ago.
The appeal was filed within the ten days time period it must be and stemming
—: from that, we're here another ten days later from that time, within that time
_=
- frame. This is up for the very first time.
-
Mr. Cardenas: Our point is that we've been for eight months in the _ p g process of
}_
meeting with the neighbors. It started eight months ago. We've been through
_
three hearing before the Heritage Conservation Board. A lot of negotiations
took place and concessions made by the developer to the point where we thought
the neighbors had been pleased. The Heritage Conservation Board, because of
those negotiations voted unanimously to approve the project after considerable
concessions and we were very surprised, frankly, that the neighbors decided to
appeal what we thought was a very negotiated process and taking many months,
so where all the issues are well known by both sides. Subsequent to that,
frankly, this is the first I hear at this point, standing here, that there has
been a request for a continuance because if counsel for the neighbors had
called the client or myself to advise us that that was her desire, we would
probably, you know, acquiesce, but they spring it on us here now. We've been
at this for eight months. We thought we had made all the concessions that
they wanted, and frankly, in our opinion, there are no new issues to be
brought forth. We think they are trying to continue the matter to an economic
detriment of our client. Normally we would otherwise agree to continue, if
it's a strong feeling on the part of the Commission that we ought to agree to
deferral of the matter, we'll of course acquiesce, but we wanted to you to
know our feelings on it.
Commissioner Plummer: Has anybody asked the dumb question, why the deferral?
Mayor Suarez: I'm trying to read the letter, I mean I'm trying to understand
from the letter that was handed to us, without a date, by the way, from Mr.
Berckmans. I think on Monday he hand delivered it to our offices. And it
doesn't may the reason. It just says, "This is to request that item P-89 an
appeal from the Heritage Conservation Board's approval of an application for
certificate of approval for development activities, 3952 Douglas Road, the
DeGarmo Estates, scheduled to be heard at the 15th February Commission meeting
be deferred until the next City Commission meeting." He says then that he
and his wife are the appellants and that as to the deferral, he would like it
to be heard in the future at 6:00 P.M. I feel embarrassed that we might have
told him we wouldn't get to it today. I hoped that we could hear it on the
merits unless both sides agree to delay to continue.
Mr. Rodriguez: May I clarify something? According to the Heritage
Conservation Board requirements that are in the Code, you must take action
within 45 days of the date of the application by the appellant, which makes it
only, if you consider defering this at any point, the only time in which you
could deal with this would be on the March 8th meeting. You couldn't handle
this on the Planning & Zoning meeting of the 22nd.
Ms. Webber: And we understand that, Mr. Mayor, and we are willing to take our
changes and because...
Mayor Suarez; Why can't we hear it today? You sound like you're quite
competent to argue the matter and I think all the Commissioners are inclined
to go ahead and resolve this one way or the other.
190
February 15,
Ms. Webber: Because of the fact that we were under the solid impression given
to us by your office that this would not be heard tonight, we do not have our
attorney with us and we don't have the people in the neighborhood that want to
be represented.
Mayor Suarez: You don't have your attorney with you? What's he doing, the
bearded fellow?
Mr. Tucker Gibbs: No, I can't represent anyone before this City Commission.
Ms. Webber: And we have retained an attorney and we didn't think this...
Mayor Suarez: What's McMaster doing? He's practically an attorney on these
matters. He knows more about it than...
Ms. Webber: We have retained an attorney and we didn't think it was
necessary, given what your office told us, to have him here and therefore, we
don't have him here and also, we don't have other members of the community
that do want to be here for this hearing and be heard.
Commissioner De Yurre: Mr. Mayor.
Commissioner Alonso: You mean the Mayor got you into this problem?
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: Mr. Mayor, you know, I met with this fine group of
people back Tuesday, a couple of days ago. And you know, they can express
their viewpoint very well. I mean, like they almost had me convinced there
for a while, but...
Mayor Suarez: And you know Mr. Berckmans came in for himself. He didn't come
in with an attorney.
Commissioner De Yurre: And also, Mr. Mayor, you know, if we want Miami to...
if we want investors coming to Miami and keep it going and do all the things
that we try to promote, you know this gentleman, he bought a piece of property
that is worth about $1,800,000, I believe and it's just that ten percent,
that's $180,000 a year. One month is $15,000 that he loses in interest. You
know, we have to understand these things also. I don't think you can have 20
people giving the same argument and a lot of the stuff is repetitive as it
happens here time and time again. I think that they can make their point very
well and we can make a decision one way or another.
Mayor Suarez: Let's hear it on the merits. I can't imagine any other way to
deal with it. You know enough about this not to rely on anybody's prediction
on whether we'll get to an item.
Ms. Webber: May I make a comment to that and that is in the interest of Mr.
Cacciamani losing money on this, he has continually gone up before boards and
he can tell you this under oath.
Mayor Suarez: He's gone to where?
Ms. Webber: Before different boards, coming before we got here with this issue
and he has continually handed in incomplete assignments. It is not because of
us, or anybody else except for himself, that he is in the position he's in
right now. We are not costing him time.
Mayor Suarez: Well, he is ready to argue the merits. So why don't you argues
your points and we'll just decide. I can't imagine any other way to do it.
Mr. Webber; We do it under protest.
Mayor Suarez; Is the issue complicated, Sergio? Can we get sort of a brief
description of what the issue is about?
Mr. Rodriguez: Frankly, I don't know what is the issue at this point with the
appellants you know.
Vice Mayor Dawkins: Well, my...
191 February 15, 1990
Mr. Rodriguez: They should have the same. There is a proposal that went _=
before the Heritage Conservation Board for the entrance to the whole property.
I believe if you want to get a stumary of the issue itself from the last time
I heard about this was, that they have two towers in the entrance to the _
property, which I believe are too tall for the character of the area.
Mayor Suarez: Does the Heritage Conservation Board have a position on this, a
recommendation?
Mr. Rodriguez: Yes, recommended approval.
Mayor Suarez: They recommend approval?
Mr. Rodriguez: Let me get Sarah. Eaton to represent that in one second, if
you would like.
Ms. Webber: Although as the appellant...
Mayor Suarez: No, no, let's hear from the Heritage Conservation Board first,
please.
Ms. Webber: Although Was there...
Mayor Suarez: And then you can contradict anything you want, Ma'am.
Ms. Webber: But, a vote on the deferral?
Mayor Suarez: No, no, nobody has moved to continue and I can't, on my own do
that just because somebody may have predicted that we wouldn't be able to get
to it.
Vice Mayor Dawkins: It's going to fail. I vote to continue.
Mayor Suarez: Move to continue.
Vice Mayor Dawkins: Let somebody second, or I don't get a second.
Mayor Suarez: Move to continue going once. Move to continue going twice.
Commissioner Plummer: I still, I don't understand the reason for the
continuance.
Mayor Suarez: Give it to us one more time...
Commissioner Plummer: If somebody would give me a reason, I would maybe vote
for it.
Mayor Suarez: ... because maybe we'll get a second. In fact, I'll second for
discussion purposes.
Ms. Webber: Because when I spoke with you on Tuesday or Wednesday...
Commissioner Plummers You told me the matter was going to be defersed you
didn't ask me.
Mayor Suarez: Thank you for blaming it on somebody else for a change.
Ms. Webber: I said I told you that we were in touch with the Mayor's office
and they told us...
Mayor Suarez: Achl Back to me again.
Commissioner Alonso: You are in trouble here, Mayor.
Commissioner Plummer: You'll learn not to trust the Mayor. I mean, the rest
of us around here took a much briefer time, but...
Vice Mayor Dawkins: I don't think that at any time, and if I did, I lied to
you, that I told you I have three votes up here to get you a continuance..' I
did not tell you that. I toid you I would vote for it, see, and I think
that's what everybody else told you, that we would try, but you need three
vot-es to continue, all right?
192
Ms. Webber: Right, and I had you and I had Mayor Suarez and I had _-
Commissioner Plummer.
— Commissioner Alonso: And they didn't call my office. -
Commissioner Plummer: Excuse me. You talked to me and you inferred to me the
matter was going to be continued and you didn't have to talk to me this week
as you initially had asked. That's what you asked of me is what you told me.
— Ms. Webber: Right, and then...
_ Commissioner Plummer: And I said, hey, if it is going to be deferred, fine, I
got no problem with that.
Ms. Webber: And stemming from that, I did not take your time, if you
remember, to come and my case to you and since...
Mayor Suarez: Well, let's ask then the property owner, what damage is caused
for you by a...
Vice Mayor Dawkins: Only in a motion to continue.
Mr. Cardenas: It's about. $50,000 a month in interest.
Commissioner Plummer: So it is $25,000.
Mr. Cardenas: Right.
Mayor Suarez: Why couldn't we hear this the first hearing in March? Wait,
wait. Why couldn't we hear this the first meeting in March, Mr. Rodriguez?
Mr. Rodriguez: Yes.
Mayor Suarez: We could hear this the first meeting in March?
Mr..Rodriguez: Yes, you could.
Mayor Suarez: Which is now scheduled for what, the seventh?
Mr. Rodriguez: You could only hear it on the first meeting in March,
actually.
Mayor Suarez: Actually we couldn't wait until the second hearing, so it would
not be a...
Commissioner De Yurre: We still don't have the purpose of the deferral.
Vice Mayor Dawkins: That's right.
Mayor Suarez: OK, Commissioner wants to know before, he votes and validlyso
and so do all of us, why again, other than the fact that somebody might have
told you.
Vice Mayor Dawkins: What will be accomplished by the deferral?
Mr. Gibbs: OK, may I respond to something that the appellee mentioned about
the amount of money they are going to lose?
Commissioner Plummer: You better answer his question first.
Mayor Suarez: Wait, wait, wait, can you?
Mr. Gibbs: I'd like... yes, the fact is...
Mayor Suarez: Look, you don't have any impediments to speaking before the
Commission?
Mr. Gibbs: too, I do not, if I'm speaking as a citizen, as a private citizen,
which I am, not as a representative of the City of anyone also.
Mayor Suarez: All right, as a private citizen.
193 February
ft
Zfr
Mr. Gibbs: My name is Tucker Gibbs, I live at 3820 Bayside Court. In
response to the question about the loss of money because of this delay, it
is...
Commissioner De Yurre: Hold it, first of all, address the question of the
reason for the deferral.
Mr. Gibbs: The reason for the deferral, It think... Mary, you want to go back
into it? We were told...
Commissioner De Yurre: No, no, they are saying that you want the deferral
just because of the fact you were told that there was a deferral coming.
Mr. Gibbs: OK, I'll tell you why, the item was...
Commissioner De Yurre: So I want to know why you need a deferral. 'That's
what I want to state for the record.
Mr. Gibbs: OK, the item was scheduled for after 3:00 o'clock P.M. today. We
went 'to the Mayor's office, we set up appointments with all the Commissioners
we could to discuss the item because we assumed that we'd be heard around 3:00'
P.M. When we went to the Mayor's office, we were told it was a heavy agenda
because of the zoning code, because of the stuff that was continued from the
previous meeting. They were very controversial and chances are we wouldn't be
heard anyway. We said we had planned to bring a lot of people down here to
discuss this, neighbors, people who were interested in the issue and who
wanted to be heard. But the issue was, could we have them come in after 5:00
o'clock, because working hours end at 5:00 o'clock and we were told, why don't
just ask for a continuance because chances are you are not going to be heard.
Hearing that, that's exactly what we did, we went to the Commissioners, we
said, that was our concern. If we were told straight out, "No, you are not
going to get a deferral," we would have gone, we would have brought our
attorney here, we would have brought the people here who want t•o talk. We
relied...
Mayor Suarez: And Planning and Zoning items, as you well know, Tucker, all of
you, Jim McMaster's certainly knows, I don't know about Mary. Both sides have
to agree, typically, unless there is a very good reason, which is why
Commissioner De Yurre is inquiring as to the reason for continuance.
Mr. Tucker: OK, that was my answer to...
Mayor Suarez: Not just that we have a crowded calendar, the chances are we
won't get to it or anything like that.
Mr. Gibbs: OK, and Iunderstand that and Mr. De Yurre asked me the question
and I responded, but I'd like to respond to something that Mr. Cardenas said'
about the lass of money because I think it deserves, it's on the motion, it's
on the motion and the answer is, is that Mr. Cacciamani's plot has not been
approved yet. It cannot be approved until the first week in March. He is not
losing any money by this delay.
Vice Mayor Dawkins: Mr. Rodriguez, is that a true statement?
Mr. Cardenas: Excuse me, I'm sorry, Commissioner.
Vice Mayor Dawkins: OK, Mr. Rodriguez, not you Al.
Mayor Suarez: The statement again, so that he can answer it, Tucker?
Mr. Gibbs: The statement is that the plat was not approved at the last Plat &
Street Committee meeting. The earliest his plat can be approved is at the
next Plat & Street Committee meeting which is on March 6th, I think.
Mr. Rodriguez: That's precisely what I was discussing with Mr. Cardenas.
Vice Mayor Dawkins: Well, why you didn't discuss it with all of us?
Mr. Rodriguez: Because I was asking them in that, in a way, this is a
different issue. They have a right to ask for a deferral and they have a
right to protest the deferral, because it is a different issue than the Plat
Street committee.
194 February 15, 1090
Mayor Suarez: But as a practical matter they can't do anything anyhow, until
that's approved.
Mr. Rodriguez- They cannot do except whether this is going to case
—= before you tonight or not, that's the whole issue.
Mayor Suarez: If the motion to continue passes, I can promise you this,
because of the obvious embarrassment of my office having stated that this
probably would be... chances are, to use your wording, that it would be
continued, and really, just out of fairness, we would schedule it for whatever
is the most ideal time from your perspective and make sure it has a time
certain.
Mr. Cardenas: I understand, but what I was trying to say, for example, we've
got the plat approval meeting on March 6th. That takes into consideration
that there is a generic acceptance of that which has been done in the past.
Scenario -wise, we go to the Plat Committee March 6th, we go through a process,
then we come to you on March 8th afterwards and for whatever reason you don't
vote in favor of our client, then we are back to the Heritage Conservation
Board, maybe the Plat Committee didn't approve the thing. We get backtracked
on both and we are in a different track if we...
Mayor Suarez: What is the issue before the Plat Committee? Is it related to
this structure at the entrance?
Mr. Jim McMaster: Yes, it does.
Mayor Suarez: No, I was asking staff. I thought it was a plat issue.
Mr. Olmedillo: The issue is precisely the location of the towers.
Mayor Suarez: They do have to show it in that plan.
Mr. Cardenas: And the road.
Mr. Olmedillo: And it was continued... and it 'the road. It was continued on
the request by the applicant.
Vice Mayor Dawkins: And all conditions concerning the trees, they have met
them? Staff?
Ms. Sarah Eaton: The Heritage Conservation Board was satisfied with their
tree plan.
Vice Mayor Dawkins: Then you are satisfied with the removal of 60 foot trees
and again, you are satisfied with them removing a large oak, number 125 and a
mahogany, number 381 and replacing them with lesser trees? You agree to all
of that?
Ms. Eaton: It is my understanding that those trees will be preserved.
Mr. Cardenas: Right. Major trees all would be preserved. We would be
removing 56 trees, most of which are not good specimens of mangos and
avocados, but we will be substituting the 56 with more than 300 native species
which include live oaks, 25 foot height and others so there are now presently
300...
Vice Mayor Dawkins: No black olive trees.
Commissioner Plummer: Arghl
Mr. Cardenas: Unless you wish for us to.
Vice Mayor Dawkins: I don't want any.
Mr. Cardenas OK, no, there won't be any. But we have on site 387 trees,
fifty some would be removed, but we are almost doubling it, so we are going
from 387 trees to more than 600.
Commissioner Plummer: Are we going to argue the motion of continuance? I
thought that was the motion on the floor.
195 February 15,
1990
--- -
_
Vice Mayor Dawkins: OK, is the motion understood? No, moved and seconded or
something. Did J.L. move it?
=
Commissioner Plummer: What?
Mayor Suarez: Who moved it, Madam City Clerk?
Commissioner Plummer: Miller, I thought Dawkins moved it and the Mayor
seconded it.
Mayor Suarez: Oh, I seconded it. -
Ms. Hirai: Yes, he did.
-'�
Commissioner De Yurre: We had and then seconded for discussion by the Mayor.
-
Vice Mayor Dawkins: Yep.
Commissioner De 'Yurre: OK, any further discussion? Call the roll. -,
The following motion was introduced by Commissioner Dawkins, who moved its
adoption:
MOTION NO. 90-156
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED
RESOLUTION (CONCERNING AMENDED APPLICATION FOR A
_
CERTIFICATE OF APPROVAL FOR DEVELOPMENT ACTIVITY FOR
—
THE PROPOSED DEGARMO ESTATES) TO THE MEETING PRESENTLY
—
SCHEDULED FOR MARCH 8, 1990, 6:00 P.M.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Millar J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
_
Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Since there is a delay factor in the plat and I think
everybody should have their day in court, I'm going to give them that
ten:;
opportunity and vote yes.
Commissioner Alonso: No, I am going to vote no, because we are sending a
message that people when they follow the steps as it is requested, then we are
the ones delaying the project and I think they have covered all the points and
I vote no.
Vice Mayor Dawkins: I'm going to vote yes and I'd like to say publicly on the
_
record, when you come in my office and I agree with you, I'm agreeing with you
-
as Miller Dawkins. I cannot produce three votes to do anything, so when you
=
come in my office and I agree with you, you don't leave my office assuming
that what I agreed to you with will be passed on at this Commission meeting.
I vote yes.
w,
COMMENTS MADE AFTER ROLL CALL:
s:
Mayor Suarez: Just add .to that for myself, obviously, not to rely on any
;.;
predictions of what we'll get to and I'll obviously instruct my staff not to
make any predictions.
ter.;..
Commissioner Alonso: And in the future, see all of us.
Mr. Gibbs: We've learned!
SP
Mayor Suarez: Mr. Cardenas, from my perspective, anything that we can do to
speed up the complete resolution of this matter favorably or unfavorably,
}
196 February;15, 199Q
[ I
P
2
please don't hesitate to call on me.
your client.
Ms. Webber:: Mr. Mayor....
I think we owe at least that much to
Mr. Rodriguez: So this will come to you on March 8th at 6:00 P.M.
Mayor Suarez: You want 6:00 P.M.? Does that• sound good?
Ms. Webber: Or, could be ask for a time certain for 7100 P.M., please?
Mayor Suarez: 6:00 P.M. is the time. Don't push your luck.
26. (A)
APPROVE REMOVAL OF TWO LOTS FRONTING S.W. 11 STREET (3051 AND
3061 S.W. 11 STREET) FROM PROPOSED REZONING TO CR-2/7 - RETAIN
RG-1/3 ZONING CLASSIFICATION (MAP ITEM 29).
(B)
INITIATE ATLAS AMENDMENT TO REFLECT DENIAL OF PLANNING
DEPARTMENT'S RECOMMENDATION AND ACCEPTANCE OF CHANGE OF ZONING
CLASSIFICATION TO SPI-16.2 FOR BLOCK BOUNDED BY N.W. 5 AND 6
STREETS BETWEEN N.W. 1 COURT AND 2 AVENUE (MAP ITEM 20).
(C)
CHANGE ZONING CLASSIFICATION ALONG S.W. 42 AVENUE (LE JEUNE
ROAD) FROM 7 TO 2 STREET FROM RG-2/4 COMMERCIAL RESIDENTIAL TO
RO-1/4 RESIDENTIAL OFFICE (MAP ITEM 26).
(D)
AMEND COMPREHENSIVE NEIGHBORHOOD PLAN (AFTER JULY 1990) TO
RETAIN EXISTING ZONING CLASSIFICATION OF S.W. 7 STREET TO 2
AVENUE AS CG-2/7 GENERAL COMMERCIAL (MAP ITEM 39).
(E)
CHANGE ZONING CLASSIFICATION ALONG N.E. 1 AVENUE NORTH OF 54 AND
79 STREETS FROM CG-2/7 GENERAL COMMERCIAL TO CR-2/7 COMMERCIAL
RESIDENTIAL (MAP ITEMS 1,4.5. AND 9).
(F)
RETAIN PRESENT ZONING CLASSIFICATION OF PR PARK AND RECREATION
IN NORTHERN TIP OF VIRGINIA KEY (MAP ITEM 47).
(G)
SECOND READING ORDINANCE: AMEND SCHEDULE OF DISTRICT
REGULATIONS OF 9500 - CHANGE UNIT DENSITY CAP PER UNIT, PER NET
ACRE, DELETE STORIES IN RG-2, GENERAL RESIDENTIAL - ADD NEW
ZONING DISTRICT CLASSIFICATION: "CON. CONSERVATION" (RESERVED
FOR ENVIRONMENTALLY SENSITIVE AREAS) - AMEND ZONING ATLAS -
CHANGE ZONING CLASSIFICATIONS AFFECTING APPROXIMATELY 15% OF
TOTAL AREA OF CITY L.4ND TO BRING ORDINANCE INTO COMPLIANCE WITH
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, etc.
Mayor Suarez: PZ-12. How many different sub -issues do we have here?
Commissioner De Yurre: While we adding, do we have under PZ-12, the Jackson
Special Parking District?
Mr. Guillermo Olmedillo: That to part of the PZ-11, Commissioner.
Commissioner De Yurre: Oh, OK, thank you.
Mr. Olmedillo: PZ-12, it is bringing the zoning in conformance with.the
Comprehensive Plan and...
Mayor Suarez: OK, how many sub -issues do we have? How many different
districts or areas that we have to get into?
Mr. Olmedillo: As you will remember, there were people presenting testimony
before you because you had agreed among yourselves that you were going to go
to first reading, listen to the people with the complaints or concerns that
they had and you were going to talk to theca about it or talk, about it on
socond reading. I am going to pass out...
Mayor Suarez: How many issues do we have with us, controversy?
Mr. Olmedillo: I believe there are five areas of concern.
Mayor Suarez; Thank you. That's the third time I asked.
197
n
F.
Mr. Rodriguez: Yes, but we're not sure,
that have con...
because we ;night have other people
Mayor Suarez: Well, five, maybe four, maybe six.
does it make sense for us to take them up in7
people here. Which one, Mr. Guillermo?
OK, what order is it best,
There is a huge number of
Mr. Olmedillo: I see people from 42nd Avenue. I saw Dr. Theede before. I
see Fine Jacobson being represented here for the Extra...
Mayor Suarez: OK, just take them up in whatever order they reach the mike,
then. I see Mr. Pumo over here too.
Mr. Olmedillo: Do you want to hear from them before you hear from us?
Mayor Suarez: Whatever you think is most expeditious for us to understand and
rule. Obviously everybody will get a chance to have their say.
Mr. Rodriguez: Why don't you take item by item, first staff and then the
people and then we can...
Mayor Suarers Each item, give us a staff input.
Mr. Olmedillo: On item 29, and it should pick up on anyone. This is the
Extra site. It was...
Mayor Suarez: This is the what?
Mr. Olmedillo: The Extra site, and this is on 8th Street between...
Mayor Suarez: The Extra?
Commissioner Plummer: The grocery store.
Mr. Rodriguez: Extra, shopping center.
Mr. Olmedillo: Extra, right, the trailer park.
Mayor Suarez: Ah. I wa trying to think of Extra in the other sense.
Mr. Olmedillo: And the issue with the neighbors was that two lots were
included which front on SW llth Street. The neighbors were opposed to that
because the applicant was proffering this to the City as a park and the
neighbors did not want the zoning to reach llth Street on the one hand and
they did not want a park to be next to their homes. This is the issue as we
had it. The issue that Dr. Theede took up is on...
Mr. Rodriguez: Why don't you take one at a time, because I think it might be
confusing, Guillermo. Maybe we can get a decision, you can has. the applicant
or the opponent on each one of the items and you can make a decision on each
one of them, if that is possible.
Mr. Olmedillo: What you have in front of you is an enlargement of that
�_.. transparency which is there, which is the same as the legal ad that appeared
in the papers so that you know what to refer to and it can be seen at least in
red.
Commissioner Plummer: Well, now is that matter been resolved?
Mr. Olmedillo: I believe it has. The applicant has withdrawn the two lots
=� which front on 11th Street and I haven't heard from the neighbors anymore.
Mr. Stanley Prices Mr. Mayor and members of the Commission my name is Stanley
Price. I'm with the law firm of Fine Jacobson, One CenTrust Financial Center.
We have submitted to the staff a request to withdraw those two lots on llth
_ Street and those two lots will be solely used to build two single family
homes. Based upon: a submittal to the City of the withdrawal of those two
= logs, I have in my possession 57 signed waivers. I had the same professor who
told me to get something in writing - 57 waivers from the neighbors. I'm here
y: with my co -counsel Mr. Marwin Cassel and we believe that we have... the
letters are very praiseworthy. We didn't even solicit them. They wrote to us
independently and they are very pleased with the project at this point in
time.
198 February 15, 1990
El
Commissioner Plummer: Does staff recommend this?
Mr. Olmedillo: We do, sir.
Commissioner Plummer: I move it.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and second. Does anyone wish to be heard against this
item? Let the record reflect no one stepped forward. Call the roll. -
Commissioner Plummer: They have more damn grocery storesl
The following motion was introduced by Commissioner Plummer, who *roved its
adoptionx
MOTION NO. 90-157
A MOTION APPROVING THE REMOVAL OF TWO LOTS FRONTING SW
11TH STREET (3051 AND 3061 SW 11TH STREET, LOTS 2 AND
3, BLOCK 3, CORAL RIDGE, 59-37) FROM THE PROPOSED
REZONING TO CR-2/7 AND RETAINING THE RG-1/3 ZONING
CLASSIFICATION (MAP ITEM #29).
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted -by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Millor J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Suarez: OK, next item.
Mr. Olmedillo: I see Ms. Bower standing on the other microphone. Maybe we
should address that issue.
Mayor Suarez: What is her name, I'm sorry? What is her name?
Mr. Olmedillo: Bower.
Vice Mayor Dawkins: Bower.
Mayor Suarez: Oh, Bower.
Ms. Louise Bower: Mayor Suarez and Commissioners, my, name is...
Mayor Suarez: He's going to brief us on it very quickly. What is it about,
Guillermo?
Mr. Olmedillo: Yes, the change that we are suggesting to comply with the
Comprehensive Plan is take it from a CG zoning to a CR zoning, which is a
liberal -commercial to a restricted -commercial.
Mr. Rodriguez: What number?
Mr. Olmedillo: And that is number 20 in the map.
TAPE. 16
Vice Mayor Dawkins: Number 20?
Mr. Olmedillo: That is correct, sir.
Commissioner Plummer: What general area?
Mr. Olmedillo: That is in the Overtown area. It is north of 5th Street,
between kth and 5th and around 2nd Avenue and what Ms. Bower is complaining is
199 February 15, 1990
she would like to retain the liberal -commercial use, which doesn't allow for
housing, but it allows for other things, which are more liberal, like auto
-j repair, garages and this type of thing. You may remember that with the
meetings on the Comprehensive Plan this issue was debated and you have decided
that the area should be a zoning that will allow housing, because this is one
of the things that the City wanted for the area.
Vice Mayor Dawkins: What's the staff's recommendation?
Mr. Olmedillo: To take it down to a CR designation which is a mixed use which
allows housing.
Mr. Rodriguez: CR-3/7.
Ms. Louise Bower: Mr. Mayor and Commissioners, my name is Louise Bower and
the property address is 533 NW 2nd Avenue. I'm speaking in behalf of myself
and the Ratner family who are also owners of property in block 65 north. We
are...
Commissioner Plummer: Iiave all these people been sworn in?
Ms. Bower: We have not.
Mayor Suarez: Madam City Clerk give us a hand in remembering that we have to
swear in people, please.
Commissioner Plummer: Anybody that is going to testify has to be sworn in.
Mayor Suarez: Please raise your hands if you are going to testify. HOT-105,
you can raise your hand too.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mayor Suarez: All right. Is there anyone against her petition, Mr.
Guillermo?
Mr. Olmedillo: The problem that we have is that if they go to liberal -
commercial it will not be consistent with the Comprehensive Plan. You may
remember that we said, we stated on the record that the way to do this, to
achieve what she wanted originally was to go back to a plan amendment. Then
we went into a discussion and...
Mayor Suarez: To a Comprehensive Plan amendment. When you say plan
amendment, it sounds like you are saying a plat amendment or something. OK,
Comprehensive Plan amendment. Why can't we just do that? What's wrong with
doing that?
Mr. Olmedillo: Because it's a more liberal use than was contained in the
Comprehensive Plan.
Mayor Suarez: What's wrong with being more liberal?
Mr. Olmedillo: The State wouldn't allow it?
Commissioner Plummer: You can put garages, auto repair shops and all of that
in that area and that's not conducive of what we are trying to do in...
Mr. Olmedillo: And the State wouldn't allow it without a Comprehensive Plan.
Mayor Suarez: We'll give up our repair shops and garages.
Ms. Bower: And our arsenals, remember?
Mayor Suarez: Arsenals? Oh, yes, munitions factories, all right.
Mr. Olmedillo: In my last conversation...
Mayor Suarez: Can we limit them to the kinds of things that they wanted to do
there, that I want to do there, that we would want to do?
200 February 15, 1990
1.1
Mr. Olmedillo: Maybe there is a solution. On my last conversation Ms. Bower,
she was suggesting that she would accept an SPI-16.1 which is north of her, is
what we have for the SE Overtown Park/West zoning district and that is
consistent with the plan, so...
Mayor Suarezt Ah ha, how about that? Let's go for that. Commissioners,
anybody?
Me. Bowert We want to be consistent. We want to please everyone. I
understand, is it 16.2?
Mr. Olmedillo: 16.2, that is correct, SPI 16.2.
Ms. Bower: 16.2. It would be complete in sync with everything else that's
going on. We have no neighborhood objections.
Commissioner Plummer: Move it.
Mayor Suarez: Moved. Seconded. Any discussion? Yes, Guillermo.
Mr. Olmedillo: Just for the record, Mr. Mayor, is that only Ms. Bower's
property?
Vice Mayor Dawkins: All of it, everybody is.alike. All or none.
Mr. Olmedillo: Within that block.
Vice Mayor Dawkins: All or none.
Mr. Olmedillo: Within that block.
Vice Mayor Dawkins: All or none.
Mayor Suarez: All in the block, as described.
Mr. Charles Ratner: Excuse me, my name is Charles Ratner, I represent my
family also who owns property on Mrs. Bower's black and we are in favor.
Mayor Suarez: OK, that's also on the same block.
Mr. Ratner: Same block.
Mayor Suarez: Does that make sense in the record?
say?
Mr. Rodriguez: So this is the item number 20 and it is going from the CG-1/7
and CG-2/7 zoning classification to SPI-16.2 for the whole block. The only...
,s
Mayor Suarez: The whole block.
Vice Mayor Dawkins: And that the recommendation of staff...
Mayor Suarez: Right.
Vice Mayor Dawkins: At the recommendation of staff, that's your
recommendation?
Mr. Olmedillos That is correct, and this is between 4th and 5th street and
between 2nd Avenue...
Mayor Suarez: 5th and 6th Streets and what avenues?
Ms. Bower: Excuse me, 5th and 6th Streets, NW 5th and 6th Streets.
Mr. Olmedillo: Excuse me, 5th and 6th Streets.
Ms. Bower: 5th & 6th Street, N.W. 5th and 6th Street.
Mayor Suarez: Sth and 6th Streets, what avenues?
Ms. Boivert My property address is 533...
L]
Mayor Suarez: The block, what avenues on the east and west?
Mr. Ratner: I think it is 65 north, is the block, 65 north is the block.
Vice Mayor Dawkins: Hold it, back up now. Back up one minute, wait a
minute. What can they put in there and what can't they put in there, now,
that's what I need to know.
Mr. Olmedillo: They can put residential.
Vice Mayor Dawkins: OK.
Mr. Olmedillo: That's one thing they can do, they can put hotels, they can
put any commercial activity which does not include...
Vice Mayor Dawkins: Like what, commercial like what?
Mr. Olmedillo: Like retail space.
Vice Mayor Dawkins: OK
Mr. Olmedillo: Sale services, no repair garages.
Vice Mayor Dawkins: OK, no repair garages, no what.
Mr. Olmedillo: They have... after that, anything that is more liberal than
that like a semi -industrial or manufacturing activity. They can not have
that.
Vice Mayor Dawkins: No, there is no industrial in a home area.
Mr. Rodriguez: No, that will not be allowed.
Mr. Olmedillo: No, that will not be allowed, that is what I am saying, that's
what I am saying, that will not be allowed.
Mr. Rodriguez: That will not be allowed. Industrial will not be allowed.
That's her question.
Mayor Suarez: What is the description of the block, please? We got the
streets, 5th and 6th Streets. What two avenues, please, if it can be
described by two avenues?
Mr. Olmedillo: Between 1st and 2nd Avenue, NW.
Mayor Suarez: Thank you.
Vice Mayor Dawkins: First and 2nd Avenue.
Mr. Olmedillo: And between 5th and 6th Streets.
Commissioner Plummer: Isn't that 1st Court?
Vice Mayor Dawkins: 5th and 6th Street, 5th Street... all right.
Mr. Olmedillo: That is east of the post office.
Vice Mayor Dawkins: No, that's over there where that Franklin Bank or
whatever that other bank used to be. That's my neighborhood,_I know where it
is.
Mr. Olmedillo: Where Bauer Packing Company, where Bauer Meat Packing used to
be.
Mr. Ratner: The public storage block.
Mr. Joel Maxwell: Mr. Dawkins.
Vice Mayor Dawkins: No, I can't vote for this.
Mr. Maxwell: Mr. Mayor...
202
11
Mayor Suarez: Joe.
Mr. Maxwell: The descriptions have been very vague.
Mayor Suarez: I'm going to throw this thing at you if you talk out of turn
one more time. Go ahead.
Mr. Maxwell: The descriptions of the block have been very vague and that
needs to be perfectly clear on the record.
Mayor Suarez: You want to be more specific then the boundaries?
Mr. Maxwell: It's being checked right now to be certain that those are...
Commissioner Plummer: I thought that was 1st Court.
Vice Mayor Dawkins: OK, let me say this.
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: You know, it's amazing how everybody now is not
interested in housing over there now. Now that the housing is coming in, now
everybody wants to go commercial and what have you. Now, we said that we were
going to put housing in that area. That's what we said and now that we've got
Overtown Park/West going everybody else wants to come in now and rezone and do
whatever they have. That was supposed to be housing, and my vote is that it
remain housing.
Commissioner Plummer: Have you seen the building that's being built there
presently?
Commissioner Alonsos That's what we are doing now. That's exactly what we are
doing now.
Commissioner Plummer: What's that... now, that building that's going in there
now is what, a warehouse?
Vice Mayor Dawkins: What building, what building? The old Bower building?
Commissioner Plummer: No, the new one that's being built there, -what is it?
Mayor Suarez: Yes, I don't know what it is, so it's...
Mr. Olmedillo: It's a mini -warehouse.
Ms. Bower: This City Commission must have voted for it at one 'time.
nothing to do with it.
Commissioner Plummer: But, what is it? It's a warehouse?
Ms. Bower: It's supposedly a document storage warehouse.
Commissioner Plummer: It's what, at least three floors?
Vice Mayor Dawkins: No, and the whole block.
Ms. Bower: Well the SD 16 point...
Vice Mayor Dawkins: It goes from 2nd all the way to what, to first?
Ms. Bower: It's on 5th Street, from 2nd to ist Court, but the SD...
Vice Mayor. Dawkins: OK, don't need no more of that in there.
Commissioner Plummer: No, I agree with this.
I had
Ms. Bowers We're not going to have that. That's a CG-2/7 specification and
that whole block is definitely ruled out as CG-2/7. That's completely out of
the question, forever!
Mayor Suarez: OK, Commissioner Plummer, in this particular case, it's the
first time that we've interrupted her. Do you want to complete `your
presentation, and then we further inquire. Anything else?
203 February 15, 1990
a
Mayor Suarez: Yes.
yes...
Me. Bower: ... I would like to say, because Commissioner Dawkins was
concerned that it should only be that SD-16.2 is only restricted to housing.
In the SD-16.2 as I understand it, everything in the Overtown area including
the Odessa Project is SD-16.2 which is housing or any other support retail for
that housing, a dry-cleaning, a shop, anything to support the people who live
in that housing to make it more of a complete community, so...
Vice Mayor Dawkins: Isn't the commercial corridor 5th Street and 2nd Avenue?
Isn't that the commercial corridor over there?
Mr. Olmedillo: Fifth Street and 2nd Avenue NW?
Vice Mayor Dawkins: Yes, all right, east and west is 5th Street, is that
right?
Commissioner Plummer: No, you got the post office and the Police Department,
the State Building.
Mr. Rodriguez: And the Police Department.
Vice Mayor Dawkins: That's commercial.
Mr. Olmedillo: No, that is zoned GU -Governmental Activities, and that
includes the DOT building...
Vice Mayor Dawkins: All right, 2nd Avenue is what?
Mr. Olmedillo: Second Avenue from all the way north of Flagler street, all
the way to 6th Street is GU. Then after that, north of that is 16.2 and 16,
which is a commercial district.
Commissioner Plummer: Well., wait, whoa! She says her property is presently
zoned what?
Mr. Rodriguers CG-2...
Mr. Olmedillo: CG-2/7.
Commissioner Plummer: Then her property is before 6th Street.
Mr. Olmedillo: Right, her property is between 5 and 6, but it touches on 2nd
Avenue. That is the only property and I can move up so that you can see what
it is.
Ms. Bowers We're just interested in an SD-16.2 which would do anything to
support the $50,000,000 that was spent for Overtown/Park West. The people who
were to develop on those properties would havegottenfree land and I think
that it would be very equitable if our property was developed, if someone did
buy the land, that at least we have...
Commissioner Plummer: According to this, you are presently zoned at 533 NW
2nd Avenue, is that correct?
Ms. Bower: Um hum, correct.
Commissioner Plummer: That is definitely GU, my friend.
Mr. Rodriguez: No.
Ms. Bower: No, it was never GU.
Mr. Rodriguers CG-2/7.
Commissioner Plummer: Oh, I'm sorry, I'm sorry.
Mr. Rodriguez: You see, the description... for the record, the description
that you are dealing with when you mentioned the block was NW 5th and 6tli
Street and between 1st Court and 2nd Avenue.
February 15, 1990
204
9
Commissioner Plummer: This is the post office and this is the Police Station
and this is the State Department.
Vice Mayor Dawkins: Where is our Bower?
Commissioner Plummer: Right on the corner.
Vice Mayor Dawkins: And this is the one they talk about doing?
Commissioner Plummer: No, here.
Mr. Maxwell; Must be on the record, sirl
Ms. Bower: That Park/West would have.
Commissioner Plummer: Then, what we are basically doing, that new building is
going to be a nonconforming use.
Ms. Bower: Oh, they will always be nonconforming, no matter what.
Commissioner Plummer: Not if it remains CG.
Mr. Ratner: Well, we don't want warehouses on our property, so we don't mind
if we don't conform to the warehouse there.
Commissioner Plummer: I understand, but what I am saying is, that then would
become a nonconforming use, even though it is a brand new building.
Mr. Olmedillo: That's why I asked on the record if the Commission wanted to
move the entire block or just Ms. Bower's property and the other property
owner which is ,represented here?
Ms. Bower: What are you suggesting we stay at?
Commissioner Plummer: What do you recommend?
Vice Mayor Dawkins: What I suggest you do what now?
Commissioner Plummer: CR.
Commissioner Alonso: Combination residential is what you are suggesting?
Mr. Olmedillo: That is correct. That is the Planning Department's
recommendation.
Mr. Ratner: I own a 7,500 square foot piece of property and the chances .of
putting something on there that's residential is probably very limited, maybe
with a few apartments on top of something. Right now,. we, have a warehouse.
We don't want to have a warehouse. We have somebody; in there who, has been
there for 30 years who pays their taxes. We'd be happy to entertain entering
into some sort of development that would be consistent with the whole
Overtown/Park West Project, which we, my family ,and Mrs. BowerIa-famfly have
followed for years in hope that you know... we'd fit right into it, so we
don't want to continue warehouse uses, but we want to have the zoning
consistent with what you have across the street. That would allow us to have
things that are consistent.
Commissioner Plummer: Well, if we change it to CR, you're not going to be
able to put a warehouse in there.
Mr. Olmedillo: Well, Commissioner...
Ms. Bower: Right.
Mr. Ratner: Well, SD-16.2, which you have across the street, also, you
can't... if people don't want to even develop on that property right now and
they are getting free land, and we want to be able to sell our property or
joint venture with somebody, we need some thing to encourage that to make it
consistent.
Mr. Olmedillo: To make it clear on the record, our original recommendation is
for a CR district. However, the recommendation that they are making to you now
is also consistent with the plan, which is a 16.2, which is a commercial -
residential district also.
Commissioner Alonso: It is the same commercial -residential as here.
Mr. Olmedillo: That is correct, but if I may read the record...
Ms. Bower: Right, but not commercial -general, it will not be commercial
general and history has shown us what a difficult problem Odessa has had
getting financing and that is with free land. We are only asking for a
comparable zoning because in addition to a comparable zoning, somebody would
have to pay for our land, so it's either going to be a freeze and the two
areas will never be linked, or they will continue with older buildings with
40-year old buildings, which is shooting the whole project in the foot.
Commissioner Alonso: So actually what we are saying is, commercial -
residential regardless. It is both cases and what they are asking is to have
exactly the same that exists in the area.
Mr. Olmedillo: Right.
Ms. Bower: Or something equitable.
Mr. Maxwells Mr. Vice Mayor.
Mr. Olmedillo: Right, the question was, do we rezone the entire block, or do
we rezone only that property which is owned by Ms. Bower and the other
gentleman?
Commissioner Alonso: What difference does it make, because that is going to
be nonconforming regardless, right?
Mr. Olmedillo: No, the...
Ms. Bower: Public storage would always be nonconforming, no matter what.
Mr. Olmedillo: The property just north of Ms. Bower's is a facility which is
being built now. It's a new facility, which is a mini -warehouse, which will
be, if you go for the rezoning, it will be nonconforming. Today...
Commissioner Alonso: Yes, no one wants to be... the same, who wants
warehouses, more of it there?
Ms. Bower: Right and we are not asking for CG, we are not asking for
Commercial -General, because we would prefer to have something that would link
up with what the whole plan is. We want to go with the flow, not against the
flow and if housing is going to be anticipated on six blocks, we want to go in
sync with the same exact, identical equitable thing that Overtown has, which
is the SD-16.2, which would be housing...
Vice Mayor Dawkins: Hold it. Why do you keep saying... she keeps saying SD,
and you aay something else. Now, what are we talking about?
Mr. Olmedillo: It's the same thing.
Vice Mayor Dawkins: It's not the same thing.
Mr. Olmedillo: She's talking about the new ordinance which is going to be
before you for second reading tonight hopefully and the nomenclature is
special district which is an SD district and the existing ordinance is SPI-
16,2 which is only nomenclature.
Ms. Bower: They are just changing the letter.
Mr. Rodriguez: So for tonight, this meeting...
Mayor Suarez: Which is calling it SD-16.2
Vice Mayor Dawkins: Let me hear from the lawyer.
- 206
February 15,
194t�
F
Mr. Maxwell: Yes, I asked for clarification on the record because the
applicant is consistently and repeatedly referring to the section as SD-16.1.
It is SPI-16.2. The ordinance is coming up. The new zoning ordinance is PZ-
11, refers to the section as SD, and I want to make perfectly certain that the
record is clear that what you are asking for is SPI, that you know, that what
is before this board now, this Commission now is SPI-16.2.
Ms. Bower: I think right now it was called SPI-16.2 and it is going to be
renamed SD, am I correct, Mr. Olmedillo?
Mr. Rodriguez: Yes, but these items...
Mr. Maxwell: Yes, but this item is SPI. This is Ordinance number 9500, not
the new ordinance, so we have to be sure.
Ms. Bower: Could you give me some clarification, Mr. Olmedillo? Is what is
called SD, or SP? - the technicality.
Mr. Olmedillo: That is perfectly correct what Joel Maxwell from the City
Attorney's office expressed, is that you are looking at the existing
ordinance, which is 9500, and you must refer to it as SPI.
Ms. Bower: OK, I'll call it what you want me to call it, SPI.
Mr. Maxwell: If you review it, you want to make sure that there is no
confusion, because SPI 16.2 is an old ordinance.
Mr. Ratner: 16.2 is what I reviewed. That's going to be what it is going to
be called in about a half an hour. Correct?
Vice Mayor Dawkins: Not necessarily. We may not get to it.
Mr. Olmedillo: Maybe, not necessarily.
Mr. Rodriguez: I don't think so.
Ms. Bower: We very simply would just like something equitable to what our
neighbors to the north have, nothing more, nothing less. And actually, it is
something less, because they would have to buy our land whereas the land that
is there a developer would get free, so it is really less and I think it would
help the Odessa...
Vice Mayor Dawkins: May I ask you a candid question? Are you going to build
or sell?
Ms. Bower: Are you asking me the question?
Vice Mayor Dawkins: Yes, Ma'am.
Ms. Bower: I honestly don't know the answer.
Vice Mayor Dawkins: OK, I think I know, but I just thought I'd ask you.
Ms. Bower: I don't know. I think it• would depend on how the entire project
would move. I think if we could...
Vice Mayor Dawkins: I think it would depend on how much value we give to your
property with this rezoning. I think that is the determining factor. That's
just my personal opinion.
Ms. Bower: I think that whatever would happen with Odessa would be beneficial
to us, what would happen with us. If we could get development possibilities,
I think that they would be able to get bank financing. I think it would be a
hopeful thing.
Mr. Ratner: My family has owned our property for over 40 years there and
we've had the same tenant in it for 30 years who will move out whenever we
tell him to get his stuff out and whether we are going to build or sell, I
don't know. We're a development family and candidly, yes, it would be a
function of what the value was, but we need to see what happens with the area
and we are only asking for consistent zoning so that we can develop consistent
with the area.
207 February 15, 1990
Mayor Suarez: OK, anything further from any other member of the Commission,
or any objector, which apparently there aren't any. If not, what do we have,
Madam City Clerk? Do we have a motion and a second on this? Any discussion?
- Any further discussion?
Mr. Rodriguez: What is your motion?
Vice Mayor Dawkins: Is there a motion on this?
Mr. Olmedillo: The only clarification...
N
Mayor Suarez: We had a motion, I think, to approve the SD-16.2.
Mr. Rodriguez: For the whole block, or for the property...?
Mayor Suarez: For the block.
Mr. Rodriguez: For the block.
Mr. Maxwell: Did we get a clear description of the block?
Mr. Rodriguez: The block is surrounded by NW 5th and 6th Street and by 1st
Court and 2nd Avenue in the northwest.
Vice Mayor Dawkins: Matty, who moved it?
Mayor Suarez: Yes, give us the movant.
Ms. Hirai: Commissioner Plummer moved it and Commissioner Alonso seconded it.
Mayor Suarez: OK. Any further discussion on the item?
Commissioner Plummer: Well, but I mean, is that what staff is recommending or
not?
Mr. Olmedillo: Yes, we recommend that as a change because it is consistent
with the plan.
Commissioner Plummer: A simple yes or no.
Mr. Olmedillo: Yes.
Commissioner Plummer: Thank you!
Mayor Suarez: OK, any further discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 90-158
A MOTION INSTRUCTING THE PLANNING DEPARTMENT TO
INITIATE AN ATLAS AMENDMENT TO REFLECT DENIAL OF THE
PLANNING DEPARTMENT'S RECOMMENDATION AND ACCEPTANCE OF
A CHANGE OF ZONING CLASSIFICATION TO SPI-16.2 FOR THE
ENTIRE BLOCK BOUNDED BY NW 5TH AND 6TH STREETS BETWEEN
NW 1ST COURT AND 2ND AVENUE (AREA NEAR MAP ITF,M 020).
Upon being seconded by Commissioner Alonso. the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor Do Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: Staff recommendations, yes.
Mayer Suarez: It was a sort of a quasi -yes. Yes. All right, next item.
Mr. Olmedillo: We have some folks here from...
Mayor Suarez: Don't thank us. Go away and build something nice over there.
-a Mr. Olmedillo: ... 42nd Avenue and this is number 20.
Mayor Suarez: 42nd Avenue, that sounds like Le Jeune.
Mr. Olmedillo: Right, Le Jeune.
Vice Mayor Dawkins: What's the number?
Mr. Olmedillo: That is number 28 in your map, 28.
Mayor Suarez: What's the problem?
Mr. Olmedillo: The issue is that these folks came before you and they
requested a change to an RO, which is an office district. It was granted at
the Comprehensive Plan level and it's being portrayed here at the rezoning of
the City and one clarification that I want to make for the record is that
inadvertently we left the parcels from the west side of the street out of the
legal description and 'I would like to submit to you this, but they were
included in the legal ad, which is the one that you have in front of you.
Mayor Suarez: OK, now, the folks that are here on which of this? Oh, there
are different sides?
Commissioner Alonso: Both?
=t
_l Mayor Suarez: For and against. How many are for?
—`; INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Oh, both sides the street.
Mr. Rodriguez: In favor of what we are proposing.
Mayor Suarez: Everybody is in favor. Is there anyone against...
Unidentified Speaker: Mr. Mayor, everybody is for.
Mayor Suarez: All right, is there anyone against this proposed
clasaif ication?
Commissioner Plummer: Well, what is the...
Mayor Suarez: Let the record reflect no one stepped forward. OK,
Commissioner Plummer.
Mr. Olmedillo: We are recommending a chance to the RO, which is consistent
with the plan.
Commissioner Plummer: Which is residential office.
Mr. Olmedillo: That is correct.
Mr. Rodriguez: Correct.
Commissioner Plummer: And that is from Le Jeune Road from 7th Street down to
Florida Power and Light.
Mr. Olmedillo: To about 2nd Street, right. That's where Florida and Power...
Commissioner Plummer: And what about... would the apartment houses then be a
nonconforming use or they are in...
,J 4
{
Mr. Olmedillo: No, they will be conforming because it is a residential
office
district. Either use can be made of this property.
Commissioner Plummer: And to what extent offices?
-
-
Mr. Olmedillo: It is an RO-1/4 which has an intensity sector of
four, that's
a .46 FAR (floor area ratio).
-
Commissioner Plummer: How high?
-
Mr. Olmedillo: The four is 35 feet.
Mr. Rodriguez: Fairly low.
-�
Commissioner Plummer: That's four floors.
.
Mr. Rodriguez: Four floors, three levels.
Mr. Olmedillo: Three and one-half, maybe.
Mayor Suarez: Let the record reflect he is pensive.
-
Commissioner Alonso: Everyone is so happy. Let it bet
_
Mayor Suarez: I'll entertain a motion on this item.
='
Commissioner Plummer: Move it.
-
_q
.
Mayor Suarez:. Thank you.
_
-
Mr. Rodriguez: Number 28 has a ....may I correct one second...
as amended by _
the handout that was given by the staff to the City Clerk.
_
Mayor Suarez: As corrected and amended. Do we have a second?
_
Commissioner Alonso: Yes.
Mayor Suarez: Thank you. Any discussion? If not, please call
the roll.
-
The following motion was introduced by Commissioner Plummer,
who moved its
adoption:
MOTION NO. 90-159
=i
A MOTION CHANGING THE ZONING CLASSIFICATION ALONG S.W.
42 AVENUE (LE JEUNE ROAD) FROM 7TH STREET TO 2 STREET s,
(#28 ON THE MAP) FROM RG-2/4 COMMERCIAL RESIDENTIAL TO
=
RO-1/4 RESIDENTIAL OFFICE.
':
Upon being seconded by Commissioner Alonso, the motion was passed and =
—'.
adopted by the following vote:
T`
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
_
ABSENT: None.
Mayor Suarez: Nice to have people happy for a change around here! (APPLAUSE)
No need to clap. Bye byet Next item.
Mr. Olmedillo: Number 39 is Dr. Theede's item and this is...
Mayor Suarez: Dr. Theede.
Mr. Olmedillo: ... SW 7th Street it is item 39 as I said before, it is going
from a liberal commercial district to a restricted commercial district. This
is consistent with the Comprehensive Plan and I believe that...
--r .,
210 February 15, 1990
Mayor Suarers Is anyone against this?
Commissioner Alonso: Number what?
Mayor Suarez: Was anyone wishing to be heard against this item? Let the
record reflect no one stepped forward. Dr. Theede is the only one and she is
waving to the crowd. You're not running for Mayor, are you, doctor?
Dr. Jane Theede: No wayl
Mayor Suarez: Thank you. Thank you. All right, Guillermo, you recommend
this?
Mr. Olmedillo: We recommend the change in order to be consistent, otherwise
we will be inconsistent with the plan.
Mayor Suarez: And that is the same thing she is asking for.
Mr. Olmedillo: No, she is saying, don't change it. Leave what it is there.
Mayor Suarez: OK, doctor.
Dr. Theede: I purchased this property in 1971 when it was zoned commercial. I
think, Commissioner Dawkins; you, Suarez; Plummer knows that I am fairly much _
consistent with trying to beautify the City and fighting that which does not
beautify the City. But I also have to be realistic. Across the street from =
me is Miami Shipyards. They have a 99 year lease, 40 of which is remaining,
no 60 of which is remaining on that lease. They will...
Mayor Suarez: Officer, if you would check on this side over here, apparently
they are raising so much hell over there, we can barely... OK, doctor. -
Dr. Theede: OK, I have talked with the lessor, Mr. Brown of Miami Shipyards
and the Manager, Mr. Tom Austin. They tell me they have no plans of doing
anything to the shipyard other than running it as shipyard, because this is,
you know, been a generation after generation business there. I cannot see how
residential will be compatible with a ten building that runs almost... well,
from each corner inward to the middle of the block where they have their
trucks to come in and out. There are heavy trucks coming in and out when I
was discussing the Barnett Bank issue. I called this to your attention. This #.
is S.W. 7th Street which is virtually...
t
Mayor Suarers Is it likely that the change would affect the number of heavy
trucks and so on as she is describing?
Mr. Olmedillo: It should decrease the heavy trucks.
Dr. Theede: Sir, it will not, it is not going to affect it in the sense that
there is going to be more or less heavy trucks. What I am saying is because
of the heavy trucks coming in and out, because this is the exit from downtown
Miami going south on the expressway. At 5:00 o'clock at night, that whole
block is filled up. This is not a residential...
Mayor Suarez: What is the... let me clarify. We are going from one
classification to what?
Mr. Olmedillo: CG-2 to CR-3. It's a liberal commercial district and if I may
read for the record, you have parking lot, boat sales, sale and display of
agricultural implements, construction equipment, catering services, sale and
display of restaurant and hotel supplies, so it is a very liberal district.
Mayor Suarez: To CR...
Mr. Olmedillo: To CR, which is a retail oriented and service oriented
district.
Mayor Suarez: Why wouldn't that help the area that you just described,
doctor? Are you sure that you are clear on which direction we are going here?
We are trying to make it a little bit more retail 'oriented and a little bit
less industrial.
21l February 150 1990
ret..
Dr. Theedes I was under the impression that this is going to be residential
as opposed to retail.
Mayor Suarez: Olt, I see what... you thought that maybe we would go to the
point of trying to somehow restrict development there to residential.
Residential is permitted. Isn't it?
Dr. Theedes Because you are already moving this area.
Mayor Suarez: It wasn't permitted before?
Mr. Olmedillo: Not in the CG, only hotels.
Mr. Plummer: You are kidding yourself if you think that homes are going to be
built on that property. No wayl
Dr. Theede: I agree with you, Mr. Plummer, but when you do this, then I can't
sell my property if I want to, because you've taken away what I have there.
Commissioner Plummer: You better be quiet, I'm talking in your favor.
Dr. Theede: Yes, sir. My apologies.
Mayor Suarez: Are you sure you want this? I mean...
Dr. Theede: Look, what I am here trying to say is let's ,just leave it as it =
is, and bit by bit if somebody wants to do something with this property, they =
are going to have to come before you anyway, so let them do it because... all =
right, there is one segment there that I'm not against, across the street on that corner, it should go ahead and go that way, because they are not facing the shipyard.
Commissioner Plummer: There is a wall across the street. I move that we
leave it as it is.
Commissioner Alonso: I second it.
Mayor Suarez: All right, so moved and seconded. Any discussion? Does anyone
wish to be heard against this? Let the record reflect no one stepped forward
but the Assistant City Manager, who is already sitting there.
Mr. Rodriguez: Yes, Guillermo explain the Comp Plan issue.
Mr. Olmedillo: The Comprehensive Plan has an upper limit which is a
restricted commercial district. You go beyond that, you will not be in
compliance with the plan. What you can do if you want to give back what,
let's say, we took away, or the City took away from the zoning before we have
to go through the planning process and the Comprehensive Plan has to be
amended. We'll be back to you with whatever changes.
Commissioner Plummer: That's what I suggested. Go that route.
Mayor Suarez: I guess the motion then carries that instruction that you go
through that.
Mr. Rodriguez: But at this point you cannot change to CR-3/7. You can
instruct the staff to amend the Comp Plan and bring it before you.
Commissioner Plummer: That's what I moved.
Mayor Suarez: So moved.
Mr. Rodriguez: Excuse me. You cannot, leave it in CG-2/7, you know. You
have to ask for... you understand.
Mayor Suarez: OK, we'll leave the existing ordinance that would have been
before us today and vote on it as existing, but we'll initiate this process of
having Planning look at and bring it back.
Dr. Theede: OK, may I may something as Jong as we're getting bogged down in
this?
212 February 15, 1990
i
Mayor Suarez: No, no, we are going your way.
Dr. Theede: OK.
Mayor Suarez: You're doing real well today, a lot better than you've done
- some other times. I have a motion and a second along the lines of having in =
futherance of your request, come back to us after going through Planning, _-
which 1.9 the process we must follow. Call the roll.
_ The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 90-160
_ A MOTION INSTRUCTING THE ADMINISTRATION TO AMEND THE
COMPREHENSIVE. PLAN AFTER JULY 1990 IN ORDER TO RETAIN =-
THE EXISTING ZONING CLASSIFICATION OF THE AREA OF S.W.
-- 7 STREET AND S.W. 2 AVENUE (#39 ON THE MAP) AS CG-2/7 '-
GENERAL COMMERCIAL.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
i-
AYES-. Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr. _
Commmissioner Miriam Alonso _
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: You've got it. Now you have to follow it through, so make sure
that you understand what processes are going to be followed before it comes
back to us.
Dr. Theede: Pardon me, what kind of notice am I going to be given, because I
am not always here...
Mayor Suarez: They're going to be given you all kinds of notices. You are
going to be in touch with them and they are going to tell you in advance
everything that is going to happen.
Commissioner Plummer: They are going to send a limousine.
Mayor Suarez: They will send a limo to pick you up.
Dr. Theede: Starting about the 15th of April until about the 1st of July I'll
be in Germany.
Mayor Suarez: Well, it probably won't do it during that time, I don't think.
We can take a long road around this thing, if you want.
Mr. Rodriguez: It takes...
Commissioner Alonso: You can make arrangements so it passes without your
being here.
Mayor Suarez: After July. All right, no dogs. Don't bring any of your dogs.
Mr. Rodriguez: So we will not start the process until after July, that's what
you are saying.
Mayor Suarez: That's it. Very good. Ben Pumo somebody? You are against
Watson Island. All right, anybody else on another item here?
Mr. Olmedillo: I see Alberto Cardenas was representing the Jewish Home which
is at N.B. 2nd Avenue between 51st and 53rd Streets. The change that they are
suggesting is in conformance with the Comprehensive Plan. From that point of
view you can act on it. However, as I see the plan here, that is not one of
the areas which is depicted in the plan to be in the legal ad, so I am going
to have to defer to Law Department to see if we can act on this.
213 February 15, 1990
Mr. Maxwell: It is not proper, Mr. Mayor and members of the Commission for
this board to address any land for rezoning which has not been properly
advertised so if that property, in fact, was not the subject of the legal ad
you couldn't address it today.
Commissioner Plummer: Move to defer.
Mayor Suarez: Move to continue.
Mr. Dawkins: Second.
Mayor Suarez: Second as to that issue which would be the area covering the
Jewish Home for the Aged, is that it, counselor?
Mr. Cardenas: That's it, Mayor.
Commissioner Plummer: We'll vote against it when it comes back.
Mayor Suarez: Call the roll. Make sure it is properly advertised.
THE PRECEDING ITEM WAS DEFERRED BY MOTION INTRODUCED BY
COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS
AND PASSED AND ADOPTED BY THE FOLLOWING VOTE -
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: That wasn't our fault, was it, this time? We had enough other
things that were our fault, was it, Al Cardenas? It wasn't our fault this
time was it?
Mr. Cardenas: I don't think so.
Mayor Suarez: Thank you. I'd feel very.bad if it was.
Mr. Olmedillo: Just to clear the record, the Alanco property which you
already acted on was another of the items that were brought up but that was
cleared so we have to entertain any new complaints or concerns that people
have now.
Commissioner Plummer: Seeing no other people that wish to speak on the issue,
I'll move it.
Mayor Suarez: Moved on the Alanco property, is that the one you're talking
about?
Commissioner Plummer: No, the overall plan.
Mayor Suarez: Did you have anything?
Mr. Bennett Pumo: Yes, I do.
Mayor Suarez: Go ahead ... Do you know what it is, Mr. Guillermo, Ban Pumo's
request? Would you describe it to us quickly?
Mr. Olmedillo: We met with Mr. Pumo, again he has typically the same problem
when we bring the CG District which is the liberal commercial district to a CR
district then the owner is complaining about the perception of a rollback in
zoning. We're recommending the CR which is consistent with the plan.
Commissioner Plummer: Well, it is.
Mr. Olmedillo: Again, the same problem.
214 February 15, 1990
Z -
Commissioner Plummer: But It is a roll back.
Mr. Olmedillo: In order to be consistent with the plan, the CR is the
appropriate zoning district or .lesser than a CR, the CG would not be
appropriate. —
Mr. Bennett Pumo: My name is Bennett Pumo. We have our office at 7327 N.W.
Miami Court. I'm here on behalf of myself, my business, my family and also
the neighborhood of Little Haiti and the area of Edison Plaza. You're
planning to change a general liberal commercial district to a
commercial/residential zone. The areas in question you're moving to change
about 3,000,000 square feet of land to commercial/residential. It is
presently CG-1, CG-2 and I-1. This area is northeast 2nd Avenue between 75th
Street and 54th Street, from 54th Street west to I-95. The 2nd Avenue
corridor leads into the City's only industrial park near downtown which is
Little River Industrial Park. The present zoning that is in place is
consistent with the surrounding zone and what it serves. In your new plan
10,000, the zoning areas should be consistent with the surrounding areas.
What is there now is consistent. To go with a commercial/residential zone for
that entire area of 3,000,000 square feet, you cannot possibly fill 3,000,000
feet with dress shops, candy shops, salons, crafts, laboratories, doctors'
offices and the like. You just can't do that in the area, the area is not the
most desirable area in the City of Miami, we must bring people to the area to
invest.
Mayor Suarez: Is there any simple description? Commissioner Alonso and I are
equally confused, is there any simple description of the area we're talking
about?
Mr. Pumo: Yes, very simple.
Mr. Olmedillo: Yes, it is on the transparency and it is along 2nd Avenue
between 54th Street and 79th Street and going along 54th Street between N.E.
2nd Avenue and I-95.
Commissioner Plummer: The business corridor.
Mayor Suarez: That's a real simple description, isn't it?
Mr. Olmedillo: Number five, four and two on your map.
Mayor Suarez: You guys are great at referring me to maps. Can anybody give
me a simple description of the area we're talking about?
Commissioner Plummer: Yes. N.E. 2nd Avenue from 79th to 54th. 54th Street
from N.E. 2nd Avenue to the expressway.
Mr. Pumo: Both sides of the street.
Commissioner Plummer: Both sides of the street. That is a perimeter around
Little Haiti.
Mayor Suarez: This is roughly Little Haiti. And he wants to take it from
what to what?
Mr. Olmedillo: Back to CG and I which is the existing zoning. But as we
stated before, it is not consistent with the plan.
Mayor Suarez: The plan would take it to what?
Mr. Olmedillo: To a CR district, limited retail type of district and we went
to the site and we went and did a survey of the land uses. What you see in
yellow, it is consistent, what we are proposing right now. What you see in
red would be the nonconforming uses in there. As you can see, it is
predominantly yellow so the area is occupied by businesses which comply with
the recommendations that we're making to you today.
Mayor Suarez: And then the ones that are in red are nonconforming and some
day they would have to conform if they were torn down or otherwise ...
Mr. Olmedillo: That is correct. Well, the use is nonconforming so if they
change...
215 February 15, 1990
7:
Mayor Suarez: It would be a legal nonconforming use, in that area that you
a�
have in yellow with the black on the outside is, in fact, the area we're
talking about?
Mr. Olmedillo: That is correct.
Mayor Suarez: That horrendous looking strip that first goes east and then
north.
Mr. Olmedillo: Right. —
Mayor Suarez: In a shape that I've never seen in my entire life, and that -is
a zone under your new code?
Mr. Olmedillo: It is a zoned district as it exists today.
Mayor Suarez: Wowt Who did that? He was a little drunk.
Mr. Pumo: I can see many inconsistencies in that as far as between the yellow
and the red, it just isn't correct. If I had time to do it I'd do it myself _
and, of course, it would be quite different from what they've presented.
Mayor Suarez: You would not agree that the description that they have there,
the coloring code is correct?
Mr. Pumo: I can see right now on 62nd Street and 2nd Avenue ...
Mayor Suarez: Okay, you're going to give one example of that and then Vice -
Mayor Dawkins wants to inquire. One example of why you're saying that's not
correct. Which one?
Mr. Pumo: 62nd Street and N.E. 2nd Avenue, on the northwest corner. There is
a dry cleaning establishment, a welding shop, ornamental welding and - I can't
remember what is behind there.
Mr. Dawkins: Where?
Mr. Pumo: 2nd Avenue, northwest corner., 62nd Street, N.S. 2nd Avenue.
Mr. Dawkins: Northeast?
Mr. Pumo: Yes.
Mr. Dawkins: On N.W. 2nd Avenue and 62nd Street you've got Edison ...
Mr. Pumo: we're not talking about N.W. 2nd Avenue, sir - N.E. 2ndAvenue
only. They're taking the entire corridor of N.E. 2nd Avenue and going to
commercial/residential. They are also taking the entire corridor of N.W. 54th
Street from N.E. 54th Street and 2nd to 95 and going to commercial
residential. It is a vast amount of land, it is a very vast amount of lands
May I remind that the yellow that is up there isn't CR. The uses that are on
there are not CR. One of those is Keystone Trailer Park. It is presently
being sold, but
Mr. Dawkins: Mr. .... Somebody over there, are we talking about just
rezoning northeast 2nd Avenue and 54th Street, just the street?
Mr. Olmedillo: The strip, that Is correct.
Mr. Dawkins: The street only.
Mr. Olmedillo: Well, the properties that abut the street, yes.
Mr. Dawkins: So on N.E. 1st Court would remain what it is?
Mr. Olmedillo: N.E. let Court and which street?
Mr. Dawkins: All right, we're talking about N.E. 2nd Avenue from 79th Street
to 95, is that what you're saying?
216
Mr. Olmedillo: That also is proposed to be rezoned from CR-1 to RO-3/6, but I
believe this is not the strip that we're describing right now, this is a
different one which is under number one on your map.
Mr. Dawkins: OK, You see I've asked my question so we can understand it. The =
zoning that you're doing now will cover what?
Mr. Olmedillo: In this particular area we'll cover on N.E. 2nd Avenue north
of 54th Street all the way to 79th Street.
Mr. Dawkins: OK. Now, what would N.E. 1 Avenue be, with the same quadrants?
Mr. Olmedillo: On the same quadrants it will be the same as it is today,
there are no changes ...
Mr. Dawkins: All right, then Miami Avenue.
Mr. Olmedillo: Miami Avenue has no changes in it, only at the intersection of
54th Street and at the intersection of 79th Street.
F
Mr. Dawkins: Then it would change to what? _
Mr. Olmedillo: It changes on the intersection with 54th it will change to CR-
2 which is a restricted commercial; on the intersection of 79th, it will -_
_ change to an RO-3/6, the north portion of it and the south portion of it will
remain as it its today.
Mr. Dawkins: N.W. 6th Court which is the expressway?
Mr. Olmedillo: That remains the same all the way from north of 54th to the
City limits which is gust north of 79th Street.
Mr. Dawkins: Which is what?
Mr. Olmedillo: I will check in just a second. I'm being corrected here,
there is a spot here in the plan that you have, it is number nine, and number
nine is going from CG-1/7 which is liberal commercial again to restricted
commercial. There is that one spot between 60th and 61st. That is number
nine.
Commissioner Alonso: And what exactly is this gentleman requesting? Would
you clarify ...
Mr. Olmedillo: I would rather put him on the record.
Mr. Pumo: OK. I've got 150,000 square feet of warehouses, all different
types of uses in that area. There are 97 units comprised of 14 buildings
spread along both borders. In the immediate vicinity there is an additional
800,000 square foot of industrial warehouses that these warehouses feed. The
area, as you can see, to the east of 2nd Avenue, the majority of Second
Avenue, behind Second Avenue, that this is going to abut
commercial/residential is an industrial zone which will not change. It is
presently an I-1 zone. You're planning to put commercial/residential abutting
an I zone for approximately 80% of their proposed change along 2nd Avenue on
the east side. Take a look. On 54th Street alone, the majority of your
viable businesses that are on 54th Street are in the CG-1 or better category.
If we go to a GR-2 classification, we will go into the 10,000 code under C-1.
C-1 will turn everything into a nonconforming use and, of course, since''C-1
requires one and three hundred square foot for parking, it will turn every
building and every unit into a nonconforming structure.
Mayor Suarez: When you said before CG or better, didn't you mean CG or worse?
Mr. Purao: I would say in this particular district of City of Miami we need to
draw whatever we can to the area to enhance the district in any way we can.
By putting restrictions upon the district with very limited commercial and
residential, a lot of residential and limited commercial, you will not enhance
the district at all.
Mayor Suarez: Well, I would never limit residential and commercial...
217 February 15, 1990
Mr. Pumo: You would never limit residential, but of course, you are not going =_
to build...
Mayor Suarez: ... in any district which allows more permissive uses. To me,
that's silly because if anybody wants to build a residence there they ought to
be able to.
Mr. Pumo: I don't want to argue with you, but the common sense would be that
you're not going to build residential houses abutting an industrial zone where -
you're going to have bird quarantine stations and hams and bakers and
- everything else and candlestick makers, you're just not going to do it.
Mayor Suarez: Well, maybe it will start changing, I guess that's what we're -
hoping in this particular case. -
Mr. Pumo: No, the hope in that area is to have what you can get. The hope
j.sn't just for dress shops and candy shops. You will not get that, you will
not achieve that in that area. The City of Miami has spent a mill four on the
Caribbean Market.
Mayor Suarez: Is it true that about 80% of what it is bordering is industrial
as he's stating, I guess along the west side there, or is it the east side?
Mr. Olmedillo: On the east side you have a strip which goes from...
Mayor Suarez: I see the industrials. OK. Well, that sounds like a lot of
industrial up there already, I mean, you know ...
Mr. Puma: I'm not asking for industrial. I'm asking for the CG-1 or CG-2.
Mayor Suarez: CG-1 or 2 which permits?
Mr. Pumo: That's the feeders that would go into the industrial.
Mayor Suarez: Whet kind of uses, non -industrial?
Mr. Pumo: Light manufacturing, wholesale distributing, your industrials would
include your heavy manufacturers, your platers...
Mayor Suarez: Light manufacturing and warehousing, I presume, right?
Mr. Pumo: Warehousing contains an awful lot of uses, sir, from your mom and
pop operation and making your table tops to making plastic furniture. The
area needs diversity, it doesn't need restrictions. I could have come in here
like everybody else and asked for spot zoning on my own building, I'm not
asking for you to spot zone like you have the past six cases. Spot zoning
hasn't done anybody any good, look at the mess you've got now. This district
needs diversification, it does not need restrictions and there isn't anybody
else here to speak about it except myself maybe 'because I've got the most
interest in the area. I can live with your change, I. can live with CR-2.
Your zone tells me I've got to knock my buildings down in twenty years
according to your new code coming in. It says I must confoa-an in 20 pears.
I've got a lot of buildings a lot older than 20.
_ Mayor Suarez: Why twenty, because you don't think they'll be sound in twenty
years, is that what you're saying?
Mr. Pumo: No, your code is directing me to knock them down or conform them in
twenty.
Commissioner Plummer: No, no.
Commissioner Alonso: What's that?
Mr. Pumo: Read the new code. Your nonconforming use must conform in twenty
years.
Commissioner Plummer: No, since when?
— Commissioner Alonso: What's that?
Mayor Suarez: Mr. Guillermo, please, somebody explain why twenty.
218 February 15, 1990
e
Mr. Olmedillo: In the proposed ordinance it is limited to twenty years,
however, through a public hearing it may be continued another twenty years.
Commissioner Alonso: Oh, come on novel
Commissioner Plummer: Where is that proposal? -
Mayor Suarez: Why are we changing the old system of legal nonconforming uses?
Mr. Olmedillo: In the new ordinance, right now it is forever. Right now, if
you have a nonconforming use .... -
- Mr. Rodriguez: It is not this item, it is the next item.
Commissioner Plummer: Well, I'm not voting for that. No, nonconforming use,
as far as I'm concerned is legal until they vacate the use for six: months and
a day. _
Mayor Suarez: Why are we changing that? Are you doing that because you are 'r
anticipating that we may want to change that zoning or at some point force =
them out?
= Mr. Plummer: No, Pumo is anticipating.
Mayor Suarez: No, I mean the twenty years.
Mr. Olmedillo: The twenty years seemed a reasonable period of time to cure
any non -conformities.
Commissioner Alonso: Come on novel -
Mr. Olmedillo: Actually forty years, it is twenty and twenty, it is forty
years.
Commissioner Plummer: Now you know why he is not in the competitive world.
Mr. Pumo: I build my buildings out of bricks, mortar, concrete and steel. and
I think they'll last a little longer than twenty years for the particular use
they were built for.
Commissioner Alonso: Now, bottom line, what are the objections?. Do. you "=
object to this?
Mr. Olmedillo: The problem is that again we run in conflict with the
comprehensive plan, we have to run an amendment to the comprehensive plan and
if you instruct us to do so we will be glad to take it before the DCA.
Mayor Suarez: If you had your choice from the planning standpoint, knowing
what we want to try to promote in the area which is things other than what -
he's got there, but for the moment that's the best we've got.
Mr. Pumo: Remember the districts there.
Mayor Suarez: Would you propose that we take away the twenty year ...
Mr. Dawkins: No, I can't let that slip by again. Okay? Now, Mr. Pumo keeps
downing the area, panning the area and this and the other. Mr. Pumo, land is
the only commodity that God is not making anymore of and the only way it can
- go is up. If you don't use it today you will use it tomorrow.
Mr. Pumo: that's correct.
Mr. Dawkins: Thank you, sir. But you keep saying, you just keep panning the
area ...
Mayor Suarez: No, Mr. Pumo, because I could take the commissioner
interrupting me but I'm not going to take you interrupting me.
Mr. Olmedillo: Mr. Major...
219
February 15, 1990
mmmmmm Mayor Suarez: Are you going to interrupt me too or are you going to let me
finish my question? If you. had your choice from the planning standpoint
between the change that now is being heard here that would say do not preclude
at twenty years, do not require a reapplication for a nonconforming legal use
or simply going to the districts that he's proposing so they won't be
nonconforming, what would you rather have from the planning standpoint for
that area?
Mr. Olmedillo: I would have the 20% uses that we see as nonconforming be
eased out of the area for the next twenty years. We think that there is an
improvement to the area when you have a mixed use which allows the leas use
such as retail oriented operation. The warehousing, the car shops, that kind
of...
Mayor Suarez: Do you realize that the Commission by a majority thereof is -
about to lift -• if I heard them correctly on my left there is two of them and
I might go with them to lift this prohibition against going beyond twenty =
years? I'm asking do you prefer that to happen, or do you prefer in a
particular case of this strip that he is suggesting that we make it, that we
leave it as CG?
Mr. Olmedillo: I would say that I go the 20% that is there with the motion
that you are going towards which is to retain the nonconformity forever.
Mayor Suarez: I see.
Commissioner Plummer: So move.
Mr. Dawkins: Hold it. Under discussion.
Commissioner Plummer: I withdraw.
Mr. Dawkins: Guillermo, this is not your City and you're not doing anything
out there to benefit you. What you're doing is your job. OK? So don't let
anybody up here make you say something that you don't want to say for their
—
vote because they're going to vote against you. OK? Now, if you're going to
do that go over tomorrow and pick up your check because you don't need to work
here. OK?
Mr. Olmedillo: Yes, sir.
=
Commissioner Plummer: So what we're doing is reducing it down to what you're
recommending of the CG and knocking out the twenty year limit on conformity.
Mr. Rodriguez: The twenty year use is not before you. That will be the next
item whenever we get there. 'today what you have before you is recommended to
go from CG to CR and we're recommending that so we're staying with that
-
recommendation.
Commissioner Plummer: So move.
Mr. Dawkins: Second.
Commissioner Alonso: You know, for discussion, I think that the sad part of
this is that whatever way we go we are not sure.
a
Mayor Suarez: I'm not sure on this one I have to agree with that.
Commissioner Alonso: We don't know which way is best. And that is very sad
=J'=
that we have to make a decision where I feel we are not certain. Anyone here
knows for sure what to do?
Mayor Suarez: Is this the first time that we ever do this?
—
Commissioner Plummer: Let me answer you this way...
Commissioner Alonso: I certainly don't.
'
Mr. Dawkins: Yes, the only thing I'm sure of, with you, I'm sure that I don't
want a man to push a building down that he built in twenty years: that is a
solid structure.
�.9
220 February 15, 1990
r.
i
Commissioner Alonso: No, that's for sure, we don't want that. That is one _=
thing we know for sure, but that's not exactly what we're addressing. We're
addressing much more than that.
Commissioner Plummer: I think that when we are in effect, we are enhancing_
the area by going to this other classification. When you have the heavy
industrial you have the I industrial, all of that involved in there, it is _
surely not conducive to be adjoining to residential neighborhoods. Now, _
nobody is proud of the particular area as he said in his opening remarks, but
God, if you don't do something to change it is never going to change.
Mr. Pumo: May I make a comment on that?
Commissioner Plummer: Sure, you can make all the comments you want when I'm _
finished. You know, we're trying to enhance the area, we're trying to say to
people we're not going to allow anything heavy in here and we're going to put in retail that is real a back up to a neighborhood and that is the reason I'm
moving it. I mean it is a mixed bag up there now. It is absolutely... ----
Mayor Suarez: Last statement, Mr. Pumo and then we're going to vote.
Mr. Pumo: Last statement. In 1973 I built the building on 62nd Street which
is one of the properties that I've tried to discuss here and since 1973 I've
had seven zoning changes on the 62nd Street frontage on Martin Luther King
Boulevard. I fought everyone of them but to no avail like I have tonight, and
no matter what color you color an egg it is still an egg until you open it and
you cook it and you make it into something. By you changing the zoning you're
only coloring an egg, you'ro not going to get people to come in if you
restrict them. Thank you.
Mayor Suarez: Well, I don't know what other zoning changes you may have -
battled, but they probably weren't in this direction, they may have been in
the opposite direction ...
Mr. Pumo: No, I was told by a representative of the committee that they're
going to drive us out of the area. We're there to stay ...
Mayor Suarez: What committee?
Commissioner Alonso: Who? What is that?
Mr. Pumo: I won't get into it.
Commissioner Alonso: Well, this is serious, you know.
Mayor Suarez: Anyhow, I presume that the other zoning changes he was talking
about were going in the opposite direction to more commercial or more
industrial uses and not the way we're trying to go here with this particular
strip. What is the motion now?
Mr. Dawkins: You see, you guys made the man angry and he left. Don't you
feel bad?
Mayor Suarez: What was the motion?
Commissioner Plummer: The motion is as recommended by staff.
Mr. Dawkins: I second.
Mayor Suarez: So moved and seconded, any discussion? If not, please call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-161
A MOTION CHANGING TIME ZONING CLASSIFICATION ALONG N.E.
2 AVENUE NORTH OF 54 STREET TO 79 STREET (01, #4, 05
AND 09 ON THE MAP) FROM CG-2/7 GENERAL COMMERCIAL TO
CR-2/7 COMMERCIAL RESIDENTIAL.
221 February 15, 1990
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier•L. Suarez
NOBS: Commissioner Miriam Alonso
ABSENT: None,
Mayor Suarez: Now do we have another motion on the issue of the
nonconforming?
Commissioner Plummer: No, that comes up on the next item.
Mayor Suarez: Anyone else on this item?
Mr. William Olfgant: Are we talking about 45 through 48, Virginia Key also?
Mayor Suarers Yes, we are. Any problems with what we are proposing for
Virginia Key?
Commissioner Plummer: This is Virginia Key?
Mr. Olfgant: Virginia Key as a whole.
Commissioner Plummer: What is it you're proposing? Staff?
Mr. Sergio Rodriguez: The staff recommends for 45 which is the area of the
basin to go to CR-2/5, which is commercial/residential 2/5. For the area
which is adjacent to the mangrove, which is #46, and the area of the shrimp
lagoon, we're recommending on that one to go to conservation which is no
development basically, because it is the area of the mangrove. And then the
area that is adjacent to the sewage treatmentplant-and,to the north of it
that one point in our plan for Virginia Key recommended for development we're
recommending on that one. to go from PR which is'Parks and Recreation to CR-
3/7, commercial residential, sector 7.
Commissioner Plummer: What, on Virginia Key?
Mr. Rodriguez: That is part of the approval that you gave to the Virginia Key
Plan...
Commissioner Plummer: You're out of your :wind.
Mayor Suarez: What would it allow us, Sergio?
Mr. Rodriguez: The idea will be in that plan ...
Commissioner Plummer: I don't give a damn.
Mr. Rodriguez: That it allows to us build in that area lodging that will be
in relation to the property immediately south of it adjacent to the sewage
treatment to put over there commercial development in that particular portion
of the island. If you remember, that is the property which is opposite to
Fisher Island which is a prime piece of land that the City has for development
and it is a: property that doesn't have the limitations,environmental
limitations that we find in other parts of the island.
Commissioner Plummer: We are spending millions of dollars around this City to
acquire waterfront property for parks. Now, here you are in reversa trying to
eliminate some park land on the waterfront and that doesn't make a damned bit
of sense to me.
Mr. De Yurre: It is if you want to pay off Gates in time,
Commissioner Plummer: I don't want to do it at the make of giving up
waterfront property. No, sir.
Mr. Rodriguez: In the proposal that we have, we have left the area...
Commissioner De Yurre: There isn't much use there.
Mayor Suarers You know, we've gone through this Master Plan and we've
approved it and I'm trying to figure out unless now Commissioner Plummer wants
to revisit some of that, what is your point in all of this because I can't
Imagine any area of the City that we have ever planned more carefully to
preserve the natural environment and to limit the uses to, you know, basically
minimal other than recreational. I mean what... can you state your name for
the record?
Mr. William Olfgant: My name is William Olfgant, I live at 512 Fernwood Road.
I'm a resident interested in exactly what you've been saying here tonight but
I've been very concerned about the proposal to make some changes to an
extremely unique ...
Mayor Suarez: We have a Master Plan about that thick with every possible kind
of restriction of what you can do on Virginia Key. I don't even think we have
anybody who has applied to do anything there. We've had a couple of sort of
general interest groups that have come in to possibly do some entertainment
centers or something, they've gone away the moment they've seen what that
thing looks like. That is all full of all kinds of restrictions as to what
can be done on the island.
Mr. Olfgant: That's what I'm hoping that you're really interested in but I
hear about changing it to partial residential and some commercial development
and I personally am strongly against that. You have a unique piece of land
there as Mr. Plummer said. You've gone through a great deal to acquire
waterfront recreational property. You have it, it is unique virtually in the
entire country, an urban wilderness and to change that to some type of
commercial or residential use I just think it would be an outrage.
Mayor Suarez: Well, the master plan basically calls for it basically to stay
exactly the way it is with the exception of some possible bird watching
facilities and a few other things of that sort. I don't know about this
particular area that Commissioner Plummer was inquiring about ...
Commissioner Plummer: Well, that's the red on the top up there. You could
build what, hotels?
Mr. Rodriguez: You could build in that area lodging facilities that (night be
developed in relation ...
Commissioner Plummer: You know, Sergio, I cannot envision for one minute when
you get a shift of the wind and that sewerage odor runs across a hotel that
anybody would want to stay there. You can't even stay in the damned Marine
Stadium.
Mr. Rodriguez: Smell is in the nose of the beholder.
Commissioner Plummer: Don't you make me say what I want to say. All right?
Mayor Suarez: I think he is going to tell you what you can smell, but no.
Have you seen the Master Plan?
Mr. Olfgant: Yes, I certainly have.
Mayor Suarez: OK, because it was thought to be a great step in the direction
of preserving the environment there at the time that we passed it.
Commissioner Alonso: I thought this was great.
Mr. Olfgant: But this great master plan allows hotels, allows some of this
development.
Mayor Suarers Well, what kind of hotel could you actually build there at the
low point? I moan it is a tiny little fraction of the island.
Mr. Olfgant: It's not all that tiny. I just spent four hours walking it
quite recently and it is quite massive and even that...
223 February 15, 1990
Mayor Suarez: Our main concern is to figure out a way to get rid of that
treatment plant. If we could do that then maybe somebody would ...
Commissioner Plummer: They just enlarged it.
Mr. Olfgant: Yes, they aure did.
Mayor Suarez: The main problem with the island for the environmental sense is
��. the treatment plant, not anything else we might do, I mean we're trying to
preserve it.
�s Mr. Olfgant: Well, that's what I'm here to make my point for and I certainly
hope you'll do everything you can to preserve it. Thank you.
Dr. Jane Theede: May I say something?
�i.
Mayor Suarez: Doctor Theede again, what interest do you have here?
Dr. Theede: Yes, I haven't gotten involved in this because I was too
3` concerned about my own and Watson Island, but throughout the history of the
City of Miami for as long as I've been here, twenty years, ...
=� Mayor Suarez: Don't tell me we have not been preserving things because we've
been doing precisely that that's what that Master Plan does so don't tell me
we've been doing the opposite.
Dr. Theede: OK, but once the barn door is open it flies open and doesn't ...
Mayor Suarez: We're closing the barn door, we're not opening it.
Dr. Theede: Then if you're closing it then why are you letting a hotel go
there or let anything? -
Mayor Suarez: Well, let's find out about that, that seems to be a matter of
great interest including to you and to the Commission and to myself and to all
of us. What exactly are we envisioning there for the point?
=
Mr. Rodriguez: What we did, in the plan that we proposed to you that was
approved, we left most of the land in the island, the greater majority, in
conservation because we felt it should not be developed and then there were
some portions in which we proposed some active recreation and then
specifically in the area adjacent to the Marine ...
Mayor Suarez: OK, active recreation which really is not anything commercial
--_"
or residential.
Mr. Rodriguez: Non commercial activity, right.
Mayor Suarez: Not even a little but to sell things ...
{.
Mr. Rodriguez: OH, well, yes, that kind of activity yes, but I mean no
massive active recreation. And then there is a portion that is adjacent to
'
the Marine Stadium where we felt that there should be some development because
of the marinas over there and then the portion that is adjacent and opposite
�}
to Fisher Island with some frontage that we left in conservation. We felt
— ,
that the area that was on the waterfront on both sides of that property, the
tip of the island on both sides of the water and facing, the water should be
-
left in conservation but then a portion immediately adjacent and to the south
of it should be left available for development for the City and the idea will
�`-
be that if we were to have on the area that in the master plan is shown in
orange for possible training or athletic or reports facility, we might have
lodging associated with it or commercial activity.
Mayor Suarez: Lodging how high, what kind of shape?
Mr. Rodriguez: Very low profile, actually, what we're proposing in this area
would allow a commercial/residential which the idea will be that it might be
possible to have the possibility of some residential in that area, restaurants
type.
Mayor Suarez: Lodging, we're not talking about, obviously a high-rise hotel,
� .,•
what are we talking about?
T
224 Fobruory 15, 1994
11
Mr. Olmedillo: Sectors 5 and 7.
Mayor Suarez: Which is what?
Mr. Rodriguez: It is 1.72 and .75.
Mayor Suarez: No height restrictions?
Mr. Olmedillo: No height restrictions.
Mayor Suarez: So it could conceivably be, if they had enough property ...
own it, by the way, don't we?
t
We
i
Mr. Rodriguez: We own it, so that means that we can impose, if we were to bid
this in an RFP we can impose any restrictions that we want and I'm sure there }
will be restrictions imposed on this.
Mayor Suarez: Yes, the master plan up to now has been understood to be sort r�
of guaranteeing for future generations that you can't do almost anything on
the island. Now, as to that little strip we've left the possibility of some
lodging and some commercial, maybe a restaurant. But we own the land and we
can impose any restrictions we want if we decide to go out for bids to sell_
it. I don't think it is in our divestiture plan, is it? We're not seeking
buyers for it?
Commissioner Plummer: -No.
ti--
Mayor Suarez: I don't think there is a single developer or anyone that has F—
even expressed any interest in it.�
5.
Mr. Rodriguezt At one point you asked us to go for an RFP on this and I don't '=
know exactly what is the status.'
Mayor Suarez: We never went out for an RFP on it.
p
Commissioner Plummer: Can you see the ads of the hotel now? Come see Miami's
scenic sewerage plant,
Mayor Suarez: We have many many ways in which we could stop anything that
would be unacceptable development there including not selling the land to
anybody. We own it right now, we don't have any particular interest to
develop it that I'm aware of, nobody seems to be interested in it.
x
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
't
Mayor Suarez: Well, we should know that. Doesn't anybody know whether we
have a pending outstanding RFP? k
Commissioner Alonsos No, but that is for the restaurant that exists there and
3
Y
Commissioner Plummer: No, the RFP is over by the docks.
Mayor Suarez: By the marinas.
Commissioner Plummers Not on that far side over there.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. A
S
Commissioner Plummert Not to my knowledge. ?
Mr. Rodriguez: My understanding is we don't have an RFP on...
V
Commissioner Alonso: No, would you clarify that on the record, please?
Mayor Suarers No, we should not because that would create quite a bit of
controversy. You wouldn't have been the only one here.
Mr. Rodriguez: That would be under the Development Department, but my
impression is that it is not ...
1 1*
Mayor Suarez: I get feelers from developers, I'm sure the Commissioners do
too, and whenever I refer them to the master plan that is the last I hear from
them. It is very very difficult to built very much on that island. But
certainly, Commissioner Plummer, if you want to put into the record that we
want to very carefully monitor anything that would ever be built there if, in
fact, we ever put out an RFP, I don't think we have an intention to even put
out an RFP now.
Commissioner Plummer: For Commissioner Plummer, I don't want anything built
there. It is beaches and it should remain that. Do you realize that we are
the largest city on the east coast of the United States that don't have
lifeguards. Well we do now, I'm sorry. We got a couple of lifeguards out
there now.
Mayor Suarez: Yes, when we all started this that beach was really in bad
shape and now it is a lot nicer.
Commissioner Plummer: Now it is worse and we charge $2.00 to get there.
Mayor Suarez: Why is he such a pessimist? I don't understand. Ma'am?
Ms. Mable Miller: I'm Mable Miller and I live at 210 Seaview Drive, Key
Biscayne. I bring you greetings from Marjorie Stoneman Douglas who has an
interest in the future of Virginia Key and also was asked by Helen White who
is the zoning committee chairman for the Key Council at Key Biscayne.
Mayor Suarez: And Marjorie Stoneman Douglas, if I remember correctly, fully
and heartily endorsed our master plan for Virginia Key, in fact, I think she
was one of the promoters of it, but go ahead. 1 hope I'm not mis-
characterizing her, she'll come down on me and hit me over the head.
Ms. Miller: She's looking at you every day in the hall there, you know.
Mayor Suarez: And take back the nice things she said about me in her book,
but go ahead.
Ms. Miller: Yes, right. I remember J.L. Plummer back about ten years ago
when there was a question of giving over 33 prime acres of Virginia Key to
commercial development and when they said we're going to build a nine story
hangar for the blimp, he said "You've got to be out of your mind."
Mayor Suarez: That was on Watson Island?
Commissioner Plummer.: No, Virginia Key.
Ms. Miller: No, indeed, it was on Virginia Key.
Commissioner Plummer: That's why they moved because what happened is the
blimp blow down in a storm. They said they had to have a hangar to put it in,
and they had to put it on Virginia Key. We said take it to Opa Lockal They
said, "No way," They had to have it there and that's when they moved.
Ms. Miller: You know, as Mr. Olfgant suggested, your Planning Department has
done some good planning in recommending some of the park and recreation lands
going over to conservation. There are two areas that we are concerned about
though and the one is on the black and white, the #47 which you are indicating
you would allow to become commercial development and a little: strip which is
now the shrimper village on the Manatee Lagoon. That lagoon is a Manatee
breeding area. There is a mother Manatee and two babies there right now. The
entrance to that lagoon which used to be called La Mar Lake, has grass beds
that are very important in supporting reef fish. This is based on some
information I got from Ken Linderman who is a biologist at Rasmus, or the
marine lab. What we would like to ask you to do is to oppose the atlas change
and leave the parks and recreation designation for this area 47.
Mayor Suarez: Which is 47? Can we get that clarified, if I may interrupt
you?
Mr. Rodriguez: Forty-seven is the area in red that I mentioned before.
Mayor Suarez: That very same area?
226 February 15, 1990
Mr. Rodriguez: The tip, yes.
Ms. Miller: And we strongly urge you to direct the City Manager to commence
changing the comprehensive plan back to parks and recreation. You have an
agreement and a deed with Dade County that imposes on you a restriction that
that land be used for public park purposes only. The land was given from the
federal government to the state, the state to the county, the county to the
City, you did your land trade with Lummus Island but you have a restrictive
deed that would preclude, from what we see, your using that land for
commercial development.
Mayor Suarez: What about that, Mr. City Attorney, does anybody have any
answer to that?
Mr. Fernandez: My understanding is that the restrictions in the deed is for
public purpose, not necessarily specified for park purposes.
Ms. Miller: No, I'm sorry, the deed that came f rom the State to the County
was public purposes but your deed from the County to the City reads public
park purposes. You can check that reference.
Mayor Suarez: Certainly if we are bound by a restriction in the deed there is
nothing we can do other than that so we probably ought to at some point
adjust, if not today at some other point.
Ms. Miller: Yes, we really need to consider Virginia Key Park is not for
sale.
Commissioner Plummer: I'll move that it remain the same as what it is.
Mr. Rodriguez: Which one?
Commissioner Plummer: The Virginia Key.
Ms. Miller: Park and recreation.
_ Mr. Rodriguez: The proposal that we had for most of it is to be :ouch more
w . restrictive than what we have now.
Mayor Suarez: Yes, clarify that you're talking about that red point where
commercial residential would be allowed.
Mr. Rodriguez: If you want to specify the tip, that is item 47.
Commissioner Plummier: All right, well, I'll start with that. I'll move that
item 47 be left as is and then we'll address the others.
Mayor Suarez: So moved. As is is what classification?
Mr. Rodriguez: PR. Parks and recreation.
Mr. Dawkins: So moved.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
-- The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-162
A MOTION INSTRUCTING THE ADMINISTRATION TO RETAIN THE
PRESENT ZONING CLASSIFICATION (PR PARK AND RECREATION)
IN THE NORTHERN TIP OF VIRGINIA KEY (#47 ON THE MAP).
Upon being seconded by Commissioner Dawkins, the motion was passed :and
adopted by the following vote:
227 February 15, 1990
L]
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT.: None.
Commissioner Plummer: Now what is the other one?
Ms. Miller: The shrimp village.
Mayor Suarez: Where is the shrimp village?
d'
Mr. Rodriguers The shrimp village is shown as conservation in 46.
Mayor Suarez: Can't do any better than that.
Mr. Olmedillo: It can't.be any less than that.
Mayor Suarez: Except we could zone it for shrimp but they might not listen to -
it. -
Ms. Miller: Well, motorized boats are inappropriate for a Manatee breeding area. ;tom
Mayor Suarez: We can't control that ...
Commissioner Plummer: Now you're going to lose me now because those Manatees y-
cost me $13,000 last year. I had to stop my boat race and the overtime I went
into on the boat race, cost me $13,000.
Mayor Suarez: We could rezone the whole island so that you wouldn't be able
to have any boat races.
Ms. Miller: May I say something also.
Mayor Suarez: That is a conservation area.
Ms. Miller: The City of Miami is under the Home Rule Charter provision also
from the State, isn't that true?
Commissioner Plummer: Correct.
Ms. Miller: And that does require that you involve the public in your
planning throughout the process. Now you have had your professionals working
on this plan and you have had a Planning Advisory Council but you have
neglected to include civic groups that are deeply interested and the
conservation groups and perhaps from now on they might "ba"included, we'd
appreciate it.
Mayor Suarez: That's wrong, they were very much included in the creation of
the Master Plan, they all gave us input and if we missed some part of it
hopefully, we took care of it today and don't hesitate to continue giving us
input.
Ms. Miller: Well, that's good, I'll let Marjorie know. Thank you.
Mayor Suarez: Marjorie is one of those that always comes here whenever we do
something that she isn't too pleased with.
Commissioner Plummer: What else do we have to do on Virginia Key?
Mr. Rodriguez: Well, the other portion I think it will be against the RFP you
already did, I believe, offer which is the area adjacent to the Marine stadium
where you have some marina.
Commissioner Plummer: So what do we have to do on this agenda item?
228 February 15, 1990
Mayor Suarez: What else do we have on this agenda item? I'll entertain a_
_
motion on the ordinance, if not ...
`=
4�
Mr. Rodriguez: I'm sorry, I missed the question.
t=
Commissioner. Alonso: What did you say that it is against what?
Mr. Rodriguez: I believe we offered already an REP for the portion adjacent
- to the Marine Stadium for some marinas and so on and if you were to reduce
—
that to PR you may be going against what you already offered.
Commissioner Alonso: We should go with your recommendation.
Mr. Rodriguez: You should leave it, we should go with our recommendation. If
_ you don't take an action on that it stays the same way.
Commissioner Alonso: It is your recommendation.
Mayor Suarez: All right, I'll entertain a motion on the ordinance as a whole.
-
Dr. Theede: Wait, I've got Watson Island I want to bring up.
iL
Mayor Suarez: Watson Island, what could you possibly want us to do
-
differently on Watson Island other than the fact that it is just kind of an
-
empty island there.
Commissioner Plummer: Hopefully it is Atlantis and it will sink.
Mayor Suarez: Doctor, quick, let's go, we've got a few other items.
Dr. Theede: Quickly, if you'll give me a chance some time I'll make Watson
Island beautiful at no charge to you.
Mayor Suarez: Got any money?
Dr. Theede: I didn't say I'd do it, I'll make a nice proposal.
Mayor Suarez: I didn't think so.
Dr. Theede: You and I all agree that none of us are too fond of the Miami
Herald, but from time to time they do put out a word or two of wisdom that I'd
like to read to you.
Commissioner Plummer: The hell, you say.
Dr. Theede: This is worth reading, believe me.
Commissioner Plummer: What are you proposing to do to Watson Island?
Mr. Rodriguez: Itn Watson Island we're proposing to basically, to a very small
portion of it, and following the plan, to from PR to CR-2/7 in the area where
we proposed at one point to have the hotels adjacent to the super yacht area.
Mr. Olmedillo: That you restricted to about three acres.
Mr. Rodriguez: You restricted it tremendously when.you approve the plan.
Mayor Suarez: What would you have us do differently on Watson Island? We've
gone through the Watson Island planning process including the master plan and
everything else.
Commissioner Plummer: Well, let me tell you, Mr. Mayor, I am opposed to that.
I've said it before, I don't want to see commercial development on Watson
Island, this would allow a hotel to go' on there and I don't like it
personally. I voted when you had the master playa for it before I voted
against it. I just don't see Watson Island ...
229
3f
Mayor Suarez: Why do we have to get into that today? We don't have any
developers interested in doing anything there...
Commissioner Plummer: Because they're, they're - no, no, excuse me •- Oh, OK.
Mayor Suarez: ...and we've gone through this already, and Dr. Theede hasn't
even said what her objection is.
Commissioner Plummer: I'll move to deny the change.
Mayor Suarez: To deny what change?
Commissioner Plummer: The change from what it is presently to CR-2. I'll
move to deny that.
Mayor Suarez: We have spent a lot of time on that discussion. Is that what
you were going to address?
Dr. Jane Theede: Yes, sir.
Mayor Suarez: ...the possible small hotel that's an adjacent use to the mega -
yacht harbor that nobody wants to build for us?
Dr. Theede: Mayor Suarez, as I brought out earlier, once you give these
developers one little square centimeter of land, they take the whole City.
Mayor Suarez: But that's what you were going to address? That issue?
Dr. Theede: I'm addressing the issue that Watson Island should be left as it
is and with your permission...
Mayor Suarez: Ninety-nine percent of it is not only is being left as it is,
but it's actually - we're actually preventing anything other than, I think it
was parks and recreation on it.
Dr. Theede: Sir...
Mayor Suarez: We have Japanese gardens, we have some marinas, we have...
Dr. Theede: Parka.
Mayor Suarez: ...let's see, what else do we have? Brown house, we have a
helipad, if one is ever built there, possibly.
Commissioner Plummer: We've got a house falling down.
Mayor Suarez: We've got a Brown house falling down and we have a possibility
of having a blimp, and that's about it. And then, I'm sorry, we have the
mega -yacht harbor with a possible hotel which we restricted to ,very low height
and very low density.
Dr. Theede: You know, we've wasted a lot of time, if you'd let me read what
I've got to say, we'd been through a lot sooner.
Mayor Suarez: You're going to read it? Go ahead.
Dr. Theede: Very rapidly. It says, "Bank MacDonalda. A smell emanates from
the two-story MacDonalds on Miller Drive, and it's not a mouth watering aroma.
It's the stink of an outrageous decision by the Dade Building and Zoning
Department, which was upheld by Mayor Steve Clark and Commissioners Harvey
Ruvin, Shreiber, Valdez, and Winn. The commission was asked to determine
whether the MacDonalds was substantially the same land use as a one-story bank
which was originally approved for the site. The file said it vas.
Commissioners Dusseau, Gersten, Hawkins properly said it wasn't. Nice quiet
banks have, well, bankers' hours. Fast food, hamburger joints stay open late
and have steady traffic and amplified squawk boxes for taking drive through
orders. In 1985, the Commission granted a zoning change at Miller Drive and
92nd Avenue for a bank that was never built. Last year, MacDonalds franchise
owners took the restaurant plans to the Dade Building and Zoning Department
which granted a building permit. Jerry Proctor's zoning control chief said,
ah, incredible, that the department, decided that the restaurant didn't violate
the spirit and intent of the original zoning for a bank. The zoning allowed a
230 February 15, 1990
bank and a restaurant. Mayor Clark said that swayed him although the
department sometimes requires applicants, whose plans change after hearing, to
submit to another. hearing. It didn't here. Commissioner Ruvin said he
disliked the decision, but went along with it because Dade could be sued and
forced to pay damages if the Commission rescinded the duly issued permit.
Commissioners also felt that since the project was underway when zoning
notified the franchise owners of neighborhood opposition, it should be allowed
to proceed. So let the restaurant sue. What transpired here might have been
legal but it wasn't right. Commissioners should have torn the MacDonalds down
rather than violate their compact with residents not to spring such surprises.
Their willingness to sacrifice neighborhood concerns to business experience is
at the heart of Metro government's eroding credibility in every corner of Dade
County.
Commissioner De Yurre: Sounds like a bedtime story.
Mayor Suarez: The Metro government's eroding credibility.
Commissioner Plummer: What is the Big Mac attack got to do with that?
Commissioner Alonso: Are we going to have a MacDonald on Watson Island?
Dr. Theede: Wait, wait, wait.
Mayor Suarez: I'll entertain a motion to affirm Metro government's eroding
credibility.
Dr. Theede: OK.
Commissioner Alonso: I second it.
Dr. Theede: I'm glad you did, because now I'm going to sink you.
Mayor Suarez: Bye, bye, Dr. Theede.
Dr. Theede: I'm going to sink you. My complaint is right now, if you read...
Mayor Suarez: We did what you wanted on your other item. What do you want us
to do on Watson Island? -if anything, other than what we're doing? -which is
essentially to protect it.
Dr. Theede: OK.
Commissioner Alonso: We are preserving it.
Dr. Theede: First of all, the state has granted you this property for public
use.
Mayor Suarez: We have kept it essentially public.
Dr. Theede: And public use does not permit commercial zoning and this goes
back to you opening that door and letting them come in greedily. Now, you and
I have gone through two years of Genuardi's malfeasance, whatever you want to
call it - stupidity, ineptness, continence...
Commissioner Plummer: Don't be so damn truthful.
Commissioner Alonso: Oh, come on.
Mayor Suarez: Please, Dr. Theede, Dr., I mean...
Dr. Theede: You know, we've wasted a lot of time because of this man.
Mayor Suarez: Joe Genuardi is not the topic of what we're handling here on
Watson Island. Anything else?
Dr. Theede: If you put zoning in there other than what you have been granted
for which is public use, then the island is going to go down the drain.
Mayor Suarez: OK...
Dr. Theede: Let it be.
231 February 15, 1990
Mayor Suarez: Some people think there's not much - it cannot look much worse
than what it looks right now, but we are doing our best to preserve it with
this master plan.
Commissioner Alonso: We are preserving it. Aren't we?
Commissioner Plummer: By putting commercial zone in there?
Mayor Suarez: OK, Commissioners, as to the ordinance.
motion on it.
Commissioner De Yurre: Moved.
Commissioner Plummer: I can't vote with it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Commissioner Plummer: You're moving to put commercialism...
Mayor Suarez: Seconded.
I'll entertain a
Commissioner Plummer: ...on Watson Island. Is that correct?
Commissioner Alonso: We have accepted 99.percent of it.
Mayor Suarez: We've gone through this argument before.
Commissioner De Yurre: I'm moving to put what we approved previously.
Commissioner Plummer: No, no, no, no. All right, then I'll ask them. Are
you moving in this motion...
Mayor Suarez: Where is any kind of commercial development permitted?
Commissioner Plummer: ...to put commercial on Watson Island?
Mr. Olmedillo: On the three acres that you designated for the hotel. That is
the only use that we can recommend to you.
Commissioner Plummer: No, sir. Not for this vote.
Commissioner De Yurre: Fine.
Co-mmissioner Plummer: Not for this vote.
Mayor Suarez: We have a motion and a second on the ordinance. If you want
to, Commissioner...
Commissioner Alonso: Is it true that we're preserving 99 percent of it?
Mayor Suarez: ...be signified as voting against that particular item, and you
want to try to move it so that it's in the record, you may do so as a
substitute motion. OK. All right, we have a motion and a second on the
ordinance. If there's no further discussion, read the ordinance.
Mr. Fernandez: With all the modifications that have been made on second and
final reading...
Commissioner Plummer: Well, wait a minute, wait a minute. On that last item,
did we do anything or is that what you're saying? +'
Mayor Suarez: We're not about to do anything unless you make some kind of a
motion. We're about to accept the ordinance with all the modifications we've
made.
Commissioner Plummer: Oh, then I'll make a motion that the first step of
commercialism on the approach of Watson Island which, in my estimation, will
destroy it, I move that that be denied.
A -'%
Mayor Suarers So moved. Do we have a second?
Mr. Rodriguez: Which is item number 22 on the list.
Mayor Suarez: Do we have a second? Do we have a second?
Commissioner Plummer: Geez, that's strange. I thought I had unanimous _
approval.
Mayor Suarez:
All right, we
ordinance.
Not on something we've already gone through many, many times.
have a motion and a second on the ordinance. Read the
Commissioner Plummer: I have one more question, Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Plummer: You're raising the density cap to 40 from what?
Mr. Olmedillos It's change to forty.
Commissioner Plummer: From what?
Mr. Olmedillo: It's between 50 and 60. And that's consistent with the
comprehensive plan also, Commissioner.
Commissioner Plummer: OK, but the wording here says, by changing the unit
density cap up to 40 units.
Mr. Olmedillo: Up to 40. Yes, it's changed up to 40 because the medium
density residential district, it's up to 40 units per net acre.
Commissioner Plummer: OK.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE SCHEDULE
OF DISTRICT REGULATIONS OF ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY CHANGING THE UNIT DENSITY CAP UP TO 40
UNITS PER NET ACRE AND DELETING STORIES ON PAGE 2; RG-
2, GENERAL RESIDENTIAL; BY ADDING A NEW ZONING
DISTRICT CLASSIFICATION OF "CON. CONSERVATION" ON PAGE
6 TO BE RESERVED FOR ENVIRONMENTALLY SENSITIVE AREAS;
AND BY AMENDING THE ZONING ATLAS OF ORDINANCE NO.
9500THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING ZONING
CLASSIFICATIONS WHICH AFFECT APPROXIMATELY FIFTEEN
PERCENT OF THE TOTAL LAND AREA OF THE CITY, IN ORDER
TO BRING SAID ORDINANCE INTO COMPLIANCE WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, PURSUANT TO
SECTION 163.3202(1), FLORIDA STATUTES, (1987), SAID
CHANGES BEING MORE PARTICULARLY DESCRIBED HEREIN; BY
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES TO AFFECTED PAGES OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of December 14,
1989, was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Alonso, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
233 February 15, 1900
%k
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10710.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
[NOTE: At this point, the City Commission temporarily
defers consideration of planning and zoning agenda
items to consider a regular non -agenda item.]
27. FIRST READING ORDINANCE: AMEND 10642 - INC.REASE APPROPRIATIONS TO
"BAYFRONT PARK REDEVELOPMENT - PEPPER FOUNTAIN" (PROJECT 331306)
($500,000) - REDUCE APPROPRIATIONS TO "BAYFRONT PARK REDEVELOPMENT -
SOUTH END AND CHOPIN PLAZA COURT" ($500,000).
Mayor Suarez: What else do we have left?
Mr. Sergio Rodriguez: PZ-9, PZ-10.
Cottmttissioner Plummer; Mr. Mayor, I have one that's an emergency by the
administration....
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: ...if I may. They asked me to bring it lip.
Mayor Suarez: Administration has an emergency item.
THEREUPON, THE COMMISSIONER PLUMMsR READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Commissioner Plummer: I so move.
Mayor Suarez: So moved. Is this pursuant to some kind of a deal where...
Commissioner Plummer: This is so...
Mayor Suarez: ...worked out with Senator Gordon?
Mr.. Wally Lee: Mr. Mayor, this is formalizing the transfer of the funds from
one account to the other.
Commissioner Plummer: It formalizes ghat we did the other day, that's all it
does. So that they can get the money and start - we approved it the other
day.
Mayor Suarez: I'll second.
Vice Mayor Dawkins: Call the roll please.
234 February 15, 1990
RPM
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10643, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
REDUCING APPROPRIATIONS TO THE PROJECT ENTITLED
"BAYFRONT PARK REDEVELOPMENT - SOUTH END AND CHOPIN
PLAZA COURT", CIP PROJECT NO. 331305, IN THE AMOUNT OF
$500,000, FROM STATE OF FLORIDA, DIRECT
APPROPRIATIONS - FY '89, AND INCREASING APPROPRIATIONS
TO THE PROJECT ENTITLED "BAYFRONT PARK REDEVELOPMENT -
PEPPER FOUNTAIN", PROJECT NO. 331306, IN THE SAME
AMOUNT OF $500,000, FROM THE STATE OF FLORIDA, DIRECT
APPROPRIATIONS - FY '89; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Mayor Suarez and
was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Item PZ-9.
Commissioner Plummer: Did it pass?
Vice Mayor Dawkins: Yes, three to two.
Mayor Suarez: One of three left.
Commissioner Alonso: As it did the other day.
Commissioner Plummer: I'm just asking, that's all.
_
Ms. Hirai: That was an emergency ordinance, wasn't it?
Commissioner Plummer: I'm sorry'
—
Commissioner De Yurre: Emergency item or not?
Ms. Hirai: It was an emergency ordinance.
'
Commissioner Plummer: Yes, it's an emergency item.
Commissioner De Yurre: Well, it didn't pass.
Ms. Hirai: Second roll call then, Commissioner Plummer.
Vice Mayor Dawkins: It didn't pass.
-®
Commissioner Plummer: It didn't pass. You only got a three
two.
Mr. Fernandez: You need 4/5ths.
Commissioner Alonso: Oh, it was an emergency. Good.
Ms. Hirai: That's right. It passes then on first, Mr. City
Attorney?
Mr. Fernandez: Yes.
Mayor Suarez: Take it as a first reading then.
235
February 15, 1990
N
Commissioner. Plummer: Mr. Mayor, let me just plead with this Commission.
Everybody wants the work to be completed. This only speeds up the money that
was allocated by this Commission the other day. Now, I'm not... you know, I
shouldn't be in a position of up here arguing, but if you want the fountain
complete, this is what's got to be happening. If you want to delay it even a
little bit further, then, you know, vote it down.
Commissioner Alonso: Who is going to maintain that fountain? That's my
question? How much more is going to cost us?
Commissioner Plummer: That's what I'm trying...
Commissioner Alonso: Where the money is going to come from? Until we know, I
cannot say yes.
Commissioner Plummer: OK, please, I'm not arguing the case. I just want you
to know that this is nothing more than the formalization of the motion passed
before this Commission the other day approving the $500,000 from the state
grant which Senator Gordon had agreed to, and this is a formalization so we
can get the money, and get it spent to get the fountain completed. I
understand everybodys concerns, including mine.
Mayor Suarez: Unless any of the...
Commissioner Plummer: But if you don't approve it here today, and you put it
on a second reading, you're delaying the fountain another 90 days. So, if
that's what the Commission wants...
Mayor Suarez: Why 90 days?
Commissioner Plummer: Well, first reading, second reading and thirty days
effective thereafter. That's 90 days.
Mayor Suarez: Not 90 days.
Ms. Hirai: First reading is today, 60 days, no?
Commissioner Plummer: OK, 60 days from today, I'm sorry.
Mayor Suarez: And, actually, we can make the second reading - couldn't we
make it effective immediately?
Mr. Fernandez: After second reading? Well, then, at second reading, you're
making then an emergency ordinance.
Mayor Suarez: Upon second reading?
Mr. Fernandez: If you have a regular second reading, it has to wait the
normal course.
Commissioner Plummer: Sorry, Wally.
Mayor Suarez: Does that also have to have 4/5ths? -or can that be done by...
Mr. Fernandez: No, no, on second reading...
Mayor Suarez: Just make sure the second reading reflects that we want it...
Mr. Fernandez: No, no, no, no, again. If you have it on regular second
reading, you have to wait the normal period for it to become effective. If...
Mayor Suarez: OK. There's no way to make it in by the...
Mr. Fernandez: If, at the second reading you decide and there are the votes
to pass it on an emergency ordinance basis, then it becomes effective
immediately.
Commissioner Plummer: All right, so...
Mayor Suarez: All right, does anybody wish to change their vote on that?
Vice Mayor Dawkins: I do not.
236 February 15, 1990
Mayor Suarez: In view of the arguments. All this, it passes on first
reading.
Commissioner Plummer: For the record, this will, in fact, delay it from an
April completion up until sometime in the summer.
Mr. Lee: We'll have to pull certain subcontractors off the job.
Commissioner Plummer: Yes, of course. The money's not there.
[NOTE: At this point, the City Commission resumes
consideration of items on the planning and zoning
agenda.]
28. SECOND READING ORDINANCE: AMEND CODE CHAPTER 62, SECTION 62-16 - TO
REQUIRE A COMPANION ZONING APPLICATION, AND TO REORGANIZE SCHEDULE FOR
SEMIANNUAL PLAN AMENDMENTS; SECTION 62-18 TO REFERENCE PLANNING ADVISORY
BOARD AS LOCAL PLANNING AGENCY INSERT NEW SECTION 62-19 ("LAND
DEVELOPMENT REGULATIONS"), DESIGNATE PLANNING ADVISORY BOARD AS LOCAL
PLANNING AGENCY AND LOCAL LAND DEVELOPMENT REGULATION COMMISSION
(Applicant: Planning Department.)
Mayor Suarez: OK, PZ-9.
Mr. Fernandez: So it did pass then as a first reading, correct?
Commissioner Plummer: I guess.
Mr. Sergio Rodriguez: PZ-9 is a second reading.
Mr. .Joe McManus: Second reading ordinance amending chapter 62 of the
City
Code growth management legislation.
Mayor Suarez: Anyone against...?
Commissioner Plummer: Well, what's the item number?
Mayor Suarez: PZ-9.
Mr. McManus: PZ-9.
Mr. Rodriguez: PZ-9.
Mr. McManus: Amcnds chapter: 62 of the City code, planning and zoning.
It
follows to be in conformity with state growth management legislation,
sets
deadlines for semiannual plan amendments...
Commissioner Plummer: Move it.
Mayor Suarez: Moved. .
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion on PZ-9? -second reading? If
not,
read the ordinance.
237 February 15, 1990
All ORDINANCE - —
AN ORDINANCE AMENDING CHAPTER 62 OF THE CODE OF THE _
_ CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING =_
SECTION 62-16 TO REQUIRE A COMPANION ZONING
APPLICATION AND TO REORGANIZE THE SCHEDULE FOR
SEMIANNUAL PLAN AMENDMENTS; SECTION 62-18 TO REFERENCE
THE PLANNING ADVISORY BOARD AS THE LOCAL PLANNING
AGENCY; BY INSERTING A NEW SECTION 62-19 ENTITLED
"LAND DEVELOPMENT REGULATIONS" AND LISTING THEE:;
SECTION 62-25 BY ADDING A NEW SUBSECTION (11) --
DESIGNATING THE PLANNING ADVISORY BOARD AS THE LOCAL
PLANNING AGENCY AND LOCAL LAND DEVELOPMENT REGULATION —
COMMISSION; AND CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of January 25, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10711.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
29. SECOND READING ORDINANCE: AMEND 9500, PAGE 4 OF OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS - INSERT NEW CR-3 COMMERCIAL -RESIDENTIAL (GENERAL)
TITLE PROVIDE THAT SALE OF USED CARS IS PERMISSIBLE BY SPECIAL
EXCEPTION SUBJECT TO LIMITATION, etc. (Applicant: Planning Department.)
Mayor Suarez: PZ-10
Mr. Guillermo Olmedillo: PZ-10 is an amendment...
Commissioner Alonso: Move.
Mr. Olmedillo: ...to ordinance 9500 and...
Mayor Suarez: Moved by Commissioner Alonso.
Mr. Olmedillo: This is on second reading. I have to clear something on the
record because it was clear....
Mayor Suarez: Please go ahead and place it on the record, Mr. Guillermo.
Mr. Olmedillo; ...on the first reading, I included that the two limitations
were either 30 percent of the street frontage or ten percent of the total area
of the dealership. And that should read into the record as the amendment. It
was done on first reading...
Commissioner Plummer: The used car salesman relief bill.
Mayor Suarez: With that amendment, we have a motion. Do we have a second?
Commissioner Plummer: Move it.
238
February 15, 1990
e
Commissioner De Yurre: Second. —
Mayor Suarez: Seconded and thirded. Any discussion? If not, please read the
ordinance. Call the roll. -
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING PAGE 4 OF THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS, BY INSERTING A NEW CR-3 COMMERCIAL -
RESIDENTIAL (GENERAL) TITLE AND PROVIDING THAT THE
SALE OF USED CARS IS PERMISSIBLE BY SPECIAL EXCEPTION
SUBJECT TO A LIMITATION; AND PROVIDING AN APPROPRIATE
EXCEPTION FOR SECONDHAND MERCHANDISING UNDER PRINCIPAL
USES AND STRUCTURES, CR-3 COMMERCIAL, RESIDENTIAL
(GENERAL); CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of January 25, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Plurnmer, the Ordinance was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso _
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None. '
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10712. _ 2
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
[NOTE: At this point, the City Commission temporarily
defers consideration of planning and zoning agenda -_
items to resume consideration of regular agenda
items.]
30. (Continued Discussion) EMERGENCY ORDINANCE: AMEND CODE SECTION 52.6-8 -
PROVIDE THAT MIAMI SPORTS AND EXHIBITION AUTHORITY SHALL APPOINT ITS OWN
LEGAL COUNSEL - TERMS AND CONDITIONS TO BE SUBJECT TO CITY COMMISSION
APPROVAL BY 4/5THS VOTE (See label 6,8B and 31).
Vice Mayor Dawkins: Mr. Mayor, when we passed the...
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: When we passed the ordinance about the staffing, the City
Attorney said that the part about having the attorney appointed by the
Authority and approved by us was not read into the ordinance. So, I'd like to
have it read and... what do we have to do now, Mr. City Attorney?
Commissioner Alonso: For the Authority, the Sport Authority?
Mr. Jorge Fernandez: Yes, if you would like to have that amendment to the
Miami Sports and Exhibition Authority ordinance where you remove the City
Attorney and you make the selection of the board upon your concurrence...
239 February 15, 1990
r
Commissioner Plummer: And price.
— 7c
-- Mr. Fernandez: ...and price, then, you have to take a roll call, two roll
calls to make sure that that also passes as part of the emergency ordinance on
that item.
Commissioner De Yurre: Are we talking about ratification of the counsel for
the Authority?
Mr. Fernandez: Yes, it should read this way, "The Authority shall appoint the
legal counsel of the Authority within 90 days of a vacancy. Such appointment
shall be subject to the approval...
Commissioner De Yurre: Of a vacancy, no. If we're going to do it is, on an -
annual basis, we review, because if not, then you can have a particular 4
attorney there that's never going to vacate, and he'll be there for an
eternity.
Mr. Fernandez: So then, you want that on an annual basis?
Commissioner De Yurre: Right, on an annual basis review.
Vice Mayor Dawkins: Yes.
Commissioner Alonso: Yes.
Mayor Suarez: And, I agree with Commissioner Plummer that we get to also =
approve the amount.
Commissioner Plummer: Of course.
Mr. Fernandez: OK, so it would read then... -
Commissioner De Yurre: Well, it's in the budget.
Mr. Fernandez: ..."The Authority shall appoint the legal counsel..."
Mayor Suarez: Well, it's in the budget, but I just want to clarify that's
part of the budget we're going to look at specifically, as to the amount. OK,
sorry, Mr. City Attorney, go ahead.
Mr. Fernandez: Yes. "Such appointment shall be subject to the approval by a
4/5th vote of the City Commission. The Authority may employ such others
counsel as shall be approved by said Authority."
Commissioner De Yurre: OK, move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If. not, you've read the ordinance.
Mr. Fernandez: Yes, that, in fact, constitutes the title of that ordinance.
Mayor Suarez: Call the roll.
Mr. Fernandez: As an emergency ordinance, it requires two...
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE
AMENDING SECTION 52.6-8 OF THE
CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED,
THEREBY' PROVIDING THAT
THE AUTHORITY SHALL APPOINT ITS
LEGAL COUNSEL; FURTHER
PROVIDING THAT SUCH APPOINTMENT
AND THE TERMS AND CONDITIONS THEREOF SHALL BE SUBJECT
TO CITY COMMISSION APPROVAL BY A FOUR -FIFTHS (4/5THS)
VOTE AND THAT THE AUTHORITY MAY EMPLOY SUCH OTHER
COUNSEL AS SHALL BE
APPROVED BY SAID AUTHORITY
6,
CONTAINING A REPEALER
PROVISION AND A SEVERABILITY
CLAUSE .
¢_ _
240 February 15,
1990
_ 4 -_
Was introduced by Commissioner De Yurre and seconded by Commissioner —
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez -
NOES: None. —
ABSENT: None.
Whereupon the Commission on motion of Commissioner De Yurre and seconded _
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
-= Commissioner J. L. Plummer
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10713.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and _
to the public.
COMMENTS MADE DURING ROLL CALL: -
Commissioner Plummer: They didn't vote for my fountain. Why should I vote
for their attorney?
Commissioner Alonso: It's your attorney...
Commissioner Plummer: You know, I've got to tell you something. You guys are
just trying to keep me down there .another 90 days. I'll vote yes.
Mayor Suarez: I guess the only way we could possibly...
Commissioner Alonso: He's in love with that fountain, isn't he?
Commissioner Plummer: No, I want to get it finished and over with!
Mayor Suarez: Justify the emergency is to say that somehow it should be in
a
-= tune with the rest of the ordinance...
Commissioner Alonso: And a cost of 3.5.
Mayor Suarez: ...that's the only reason because it's obviously not an
emergency.
241
February la, 1990
------------------a-----------------•----------------------------•--------------- sue=
31. (Continued Discussion) APPOINT JULIO GONZALEZ REBULL, JR. AS MEMBER OF _
THE MIAMI SPORTS AND EXHIBITION AUTHORITY (See label 8C).
Commissioner Alonso: Oh, on this item of the Sport Authority, I'd like to =_
correct the record, Julio Gonzelez Rebull, Sr.
Mr. Fernandez: All right, that would be a separate resolution that now you
need to move that as your appointment.
Mayor Suarez: OK.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner De Yurre: Well, I don't know if he's acceptable to the
Authority.
Mayor Suarez: Call the roll on that appointment.
Commissioner Plummer: Ho, ho, ho, ho.
Commissioner Alonso: Now, we're going to have a great Authority.
Commissioner Plummer: Boy, I'm going to attend some of those meetings.
Commiasioner Alonso: Me too.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-163
A RESOLUTION APPOINTING JULIO GONZALEZ RE -BULL, JR. A
MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY
FOR A TERM OF ONE (1) YEAR FROM THE DATE OF THE
APPOINTMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) -
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
[NOTE: At this point, the City Commission resumes
consideration of items on the planning and zoning
agenda.]
242 February 15, 1990
E.
11
------------- -------------------------------------------------------------------
32. DISCUSS AND TEMPORARILY TABLE PROPOSED SECOND READING ORDINANCE (THE NEW
ZONING ORDINANCE) (See label 35).
(A) INITIATE COMPREHENSIVE PLAN AMENDMENT FOR PROPERTIES FRONTING BOTH
OIDES OF N.W. 36 COURT FROM N.W. 7 STREET TO WEST FLAGLER - CHANGE
ZONING CLASSIFICATION FROM R-2 DUPLEX TO R-3 MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL DISTRICT.
(B) EXTRACT JACKSON OVERLAY DISTRICT (SD-10) FROM PROPOSED NEW ZONING
ORDINANCE AND ATLAS - REFER BACK TO PLANNING ADVISORY BOARD FOR
FURTHER REVIEW.
(C) MODIFY MOTION 90-80 CONCERNING NORTH SIDE OF LOTS ON NORTH SIDE OF
CORAL WAY BETWEEN 12 AND 14 AVENUES - APPLY SD-12 BUFFER OVERLAY
DISTRICT - RETAIN UNDERLYING 'ZONING DISTRICT.
(D) CHANGE ZONING CLASSIFICATION AT. N.W. CORNER OF 14 STREET AND 11
AVENUE (CIVIC CENTER SITE) - APPLY SD-19 OVERLAY DISTRICT - SPECIFY
FLOOR AREA RATIO.
(E) MODIFY MOTION 90-82 CONCERNING PARADISE POINT AREA AT MIAMI RIVER,
N.W. 18 TERRACE FROM 24 TO 27 AVENUES - CONTINUE CONSIDERATION OF
SD-4 (SPECIAL WATERFRONT DISTRICT) DESIGNATION IN ZONING ATLAS TO
JULY 1990 COMMISSION MEETING - RETAIN PROPOSED ZONING OF R-2 DUPLEX
RESIDENTIAL.
(F) AMEND ZONING TEXT OF PROPOSED NEW ZONING ORDINANCE FOR COMPUTATIONS
IN CONNECTION WITH CLUSTERS IN R-2 DUPLEX DISTRICT.
(G) EXTRACT 715-721 S.W. 2 AVENUE FROM INCLUSION IN PROPOSED NEW ZONING
ORDINANCE AND ATLAS MAP - REFER BACK TO PLANNING ADVISORY BOARD FOR
FURTHER STUDY. (See label 35.)
-------------------------------------------------------------------------------
Mayor Suarez: Item PZ-10. Last item.
Mr. Sergio Rodriguez: No, PZ-11.
Mayor Suarez: Eleven, rather.
Mr. Guillermo Olmedillo: PZ-11 is the new ordinance, the new zoning
ordinance...
Commissioner Alonso: Oh myl
Mr. Olmedillo: ...you brought in a series of concerns and I will read - you
have a copy of this memo to enter into the record. You have motion 90-79, by
which you removed the SD-12 district...
Mayor Suarez: Yes.
Mr. Olmedillo: ...which is the transitional district or the buffer district.
-� Mayor Suarez: I remember that. I think we all remember that.
= Mr. Olmedillo: From...
Mayor Suarez: That was Coral Way.
Mr. Olmedillo: From Coral Way and that's included, the changes were made in
the atlas and that includes pages 38, 39, 40, 42, 43, and 44. Motion 90-80,
it's eliminating the SD overlay all throughout Coral Way. The first motion -
was, Commissioner Alonso's motion and the second motion was Commissioner
Plwamer's motion.
Mayor Suarez: And then we passed all the rest. OK.
Mr. Olmedillo: Right.
Mayor Suarez: Why must you repeat all of that history unless anybody's
concerned about it anymore, which I don't think we are.
Mr. Olmedillo: 90-81, you wanted Golden Arms to be zoned as PR. That has
been done in the atlas.
Mayor Suarez: Parks/recreational.
243 February 15, 1990
Mr. Olmedillo: 40-82, that is the Paradise Point area which you instructed
the planning department to go back and do an SD-4. That has to be changed on
the map. It not only has to be changed in the map but again, it's subject to -
a comprehensive plan amendment as you were notified on that particular -
meeting. Motion 90-83, is a motion modifying the proposed new zoning -_
- ordinance in relation to the Miami Jewish Home which is on Second Avenue. And
the map changes were made. The change is consistent with the comprehensive.-
- plan. Motion 90-84, it's another map change and this included Miss Powers' —
property and this - the motion here will be consistent then if we take it in _
the SD-16.2, in this case, it will be the SD-16.2, so it will carry through
into this new ordinance since you took a decision on that one. Motion...
Mayor Suarez: OK, any other changes made in the zoning atlas would also be
_ incorporated or otherwise the process begun to make the comprehensive plan to
bring it into line with it. Is that what you're saying?
Mr. Olmedillo: That's what we're saying, yes, sir.
Mayor Suarez: OK, do we need to read each one, Mr. City Attorney, as he's
doing?
- Mr. Rodriguez: I would like to clarify because some of them we couldn't do. —
_ Mayor Suarez: OK, go ahead and continue rattling them off then and then we'll
hear from any objectors or suggestions or whatever.
Mr. Olmedillo: 90-85 was removing the language that allowed for the buffer
district any commercial activity and that was Commissioner Plummer's motion
that the neighbors did not want encroachment of the building itself into the
buffer area. And that's throughout the City. Then you have 90-86 was the
study on 36th Court to see .if you could come back with recommendations to you
on the zoning change. The motion was made by Commissioner Alonso, she was
thinking about a possible rezoning for multi -family along 36th Court.
Commissioner Plummer: 36th Court and what?
Mr. Olmedillo: Between Flagler and 7th.
Commissioner Plummer: Northwest, southwest, oh, it's northwest, north... I
was by the dog track.
Mr. Olmedillo: Northwest. What we have to report to the Commission is that
if a change is reeked to increase it to an R-3 district, we would have to go =
through a comprehensive plan amendment. We found that generally the area is _�
still a duplex area. However, we're pending your decision on that. Also,
there was the motion... —
Mr. Rodriguez: No, that issue, Guillermo, because this is the only one in
which we have a difference at this point, if we're saying that the area, in
our opinion, is a stable residential area. If you don't agree at this point
with our recommendation, you should instruct the staff to initiate a
comprehensive plan amendment to deal with this issue to bring it before you.
Mr. Virgilio Perez: OK, Mr. Mayor...
Commissioner De Yurre: Hold it a second. And even before we get into this,
I'd like to get an opinion from the City Attorneys as far as the fact that my
family owns the duplex on the corner of 3rd and 36th Court. I want to know if
there's any conflict by rue voting in any way, fashion, or form on this item.
Joel Maxwell, Esq.: No, sir, this is not an item that's directed specifically
at your property. Your interests are no different than any of the property
owners on that block.
Commissioner Plummer: Oh, he doesn't own it, his family does.
Mr. Maxwell: It doesn't matter, sir. The principle would be the same.
Mr. Virgilio Perez: Mr. Mayor, my name is Virgilio Perez with Update
Consultant. We have made a study an the area. We do riot concur with the
study that staff has made and we would like to give you out some information
on it.
244 February 15, 1990
Vice Mayor Dawkins: Are you a lobbyist?
Mr. Perez: Excuse me?
Vice Mayor Dawkins= Did you register as a lobbyist?
Mr. Perez: Yea, a registered lobby.
Mayor Suarez: And I guess we'll have to swear them in. Can somebody give us
some guidance? How many of these items that are controversial, if any, are we
going to have here?
Mr. Rodriguez: I think this is one of them and...
Vice Mayor Dawkins: I've got one.
Mr. Rodriguez: ...and I don't know what else we would have. We have a list•
of items like the White property and so on that we might take awhile. Most of
the others, I believe, you have already...
Mayor Suarez: ...dealt with and discussed in length.
Mr. Rodriguez: Have been resolved mostly, yes, unless you change your mind
today.
Mayor Suarez: OK, swear anyone that's going to be addressing the Commission
on this particular one or any other one, please, from now on till the end of
the evening.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: OK, Mr. Perez, Virgilio.
Mr. Perez: OK, Mr. Mayor, we have found that in the response to the
Commissioner Alonso's request to a study of the area, staff has said that they
have made a field check and they have said that• the area is a complete stable
area. We have done also a field check and according to the map that is in
front of you, staff has neglected to include - and this is very visible in
that area because it has signs and telephone signs and everything. First of
all, if you see where we have pinpoint each an individual like starting from
West Flagler, you see there's an office, 56 N.W. 36th Court. Staff has said
there's a duplex there. There is also commercial doctor's office at 3670-72
N.W. 1st Street. Staff has said there is a duplex there.
Commissioner De Yurre: Sergio, excuse me a second, Virgilio. I'd like to get
a reading from this Commission. It's going to be 9:00 o'clock in a few
seconds. Are we treating these as one item or we may have like ter: different
items to be heard. What are we going to go? Listen to everyone of these
separately?
Mayor Suarez: I thought it was one. It's more than one?
Commissioner De Yurre: Well, I'm sure there's more than one.
Commissioner Alonso: It cannot be one because there are several people and I
don't know if they are about the same subject or not.
Mr. Olmedillo: The PZ-1...
Commissioner De Yurre: Well, it's 9:00 o'clock right now.
Mr. Olmedillo: PZ-11 is one item, however, you may take several issues.
Mr. Rodriguez: There are several issues, yes.
Vice Mayor Dawkins: Well, how many entities does PZ-1 have?
Mayor Suarez: How many expected disputes on PZ-11? We've been asking this
for...
245 February 15, 1990
Mr. Rodriguez: Apparently, we have several.
Mayor Suarez: You have several.
Commissioner De Yurre: At least five.
- t-
Mr. Rodriguez: I don't know. How many are there altogether?'
Mayor Suarez: Him again? Well, I think we, in fairness to them and to all of
us, really ought to take up this item...
Commissioner Plummer: Well, I know Commissioner De Yurre's problem and that
is that he's leaving in the morning. But this does adhere to the policy. We
started this item at 8:52 and our policy is the last agenda item at 9:00 is _
the last item. Now...
Mayor Suarez: But if it's an item. This is not an item. This is a... _
Commissioner Plummer: OK, it's multi -fold, but it's still an agenda item.
I'd like to go home, but if we're going to follow the policy, it is within the —_
policy that we hear it to its completion.
Mayor Suarez: I never thought I'd hear the day.
Commissioner Plummer: No, neither did I, but that's our policy. I'd rather -
go home, but...
Mayor Suarez: How many different items do we have or subitems? Do you know?
Mr. Olmedillo: We have a list. Checking on the memo, the only concerns that
_ came out to you there are like six more that I would like to put into the
record. I don't know how many more the public has. -
Mr. Rodriguez: Of those six more, there is agreement in most of them.
Mayor Suarez: Most of them are agreed upon. -
Mr. Rodriguez: But we don't know, what we don't know is the people which are
from the public, what is it that they're representing, you know.
Mayor Suarez: Try to go through them.
Commissioner Plummer: You can bet it's a vested interest.
Mayor Suarez: OK, Mr. Perez, complete your presentation.
Mr. Perez: OK, we keep on going and staff and we have encountered a triplex
which is at 114 and it's at Center and 116. Staff says it's a single family.
We keep on going and there's another triplex, 244, 244 rear, 246, second
floor. Staff says it's a duplex. We have a commercial doctor's office which
staff says is vacant. They have also gone into the dog track parking which is
completely fenced and it's used for parking commercial that staff says there's
vacant. We feel that the area is not a stable area at all. On the contrary.
We see multiple uses in that area and the introduction of a buffer zone on for
36th Court using this as a multi -family, would be enhancing the City and also
this will completely be in accordance with the concurrency reports of the
comprehensive master plan of the inner City core of the development of the
inner City core. We feel that making a buffer specifically having the duplex
to the east of 36th Court will be a better situation and will comply with all
this different buildings and we have not really gone into detail on some of
them because there are some people that are living there that we couldn't add.
Mayor Suarez: More detailed than that? Wowl More detail than that?
Mr. Perez: Those are the specifics that are out there...
Mayor Suarez: That's the most detailed map I've seen here in a long time.
Mr. Perez: There are out there with signs, telephones and everything. So
we...
246 February 15, 1990
Mayor Suarez: What is the land use plan classification that we wanted and
what is he proposing for it?
Mr. Olmedillo: What we have there is a duplex area. What they're proposing,
ZZ
it's a multi -family area which will be a corresponding R-3 zoning district.
Mayor Suarez: R-3. R-2 to R-3 basically then?
Mr. Olmedillo: Right.
Mr. Perez: That's correct. We feel that...
Mayor Suarez: Is there anyone against that proposal for the area described?
How does it get described? How do you describe it, Virgilio?
Mr. Rodriguez: We have the description... you mean the area?
Commissioner De Yurre: Well, has this been advertised at all in the area?
Mr. Rodriguez: It was advertised. Well...
Mr. Olmedillo: No.
Mr. Rodriguez: advertise it, no.
Mr. Olmedillo: Well, the entire...`
Mayor Suarez: Our proposed action on it was.
Mr. Olmedillo: The entire City's advertised it. The problem that we're going
to run into is consistency with the comprehensive plan. If you mean to change
this and you decide to change it, we have to...
Commissioner De Yurre: Did you put the signs on the poles and all that kind
of good stuff that we usually do?
Mr. Rodriguez: No.
Mr. Olmedillo: No, no, because this is a City wide amendment.
Mr. Rodriguez: Citywide so you don't have those requirements. And, in
addition to that, tonight the only thing that you can do on this is if you are
in agreement with them, is instruct the staff to do a comprehensive plan
amendment because this will be not in conformance with the comprehensive plan.
Mayor Suarez: Will they then get notice and...
Mr. Rodriguez: At that point, then we have to go through the whole process of -
Mr. Olmedillo: PAB, City Commission, DCA, City Commission again.
Mayor Suarez: OK, I'll entertain a motion on it if somebody wants to move it.
Commissioner Alonso: I move.
Mayor Suarez: And we can get on to some of the other items. So moved. _
Commissioner De Yurre: Second.
as:
Mayor Suarez: Seconded. Any discussion? If not, please call...
Mr. Olmedillo: For the record, is that just west of 36th Court. '^
i-
Mayor Suarez: I was asking if we understood the area and your direct
supervisor said that we did, Mr. Rodriguez, Mr, Guillermo.
Mr. Olmedillo: I'm sorry, Mr. Mayor.
Mayor Suarez: Now, are we not in agreement what the area is or are we in
agreement?
247
February 15, 1990
Mr. Rodriguez: Yes, we're in agreement. We want to put on the record for the
Clerk.
Mayor Suarez: Please put it in the record.
Commissioner Alonso: It's a very mixed...
Mr. Rodriguez: Which is both sides of the N.W. 36th Court from N.W. 7th
Street to West Flagler Street.
Mayor Suarez: Thank you. Call the roll.
Commissioner Plummer: What is the motion, excuse me, I'm sorry.
Mayor Suarez: That we approve the different land use classification and begin
the process of changing the master plan. At which time, all the neighbors
will have more of a say, possibly.
Commissioner Plummer: That's fine.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-164
A MOTION INSTRUCTING THE ADMINISTRATION TO INITIATE A
COMPREHENSIVE PLAN AMENDMENT FOR PROPERTIES FRONTING
ON BOTH SIDES OF N.W. 36 COURT FROM N.W. 7 STREET TO
WEST FLAGLER STREET; CHANGING THE ZONING
CLASSIFICATION FROM R-2 DUPLEX TO R-3 MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL DISTRICT.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: OK, any other item?
Mr. Olmedillo: Second portion of 90-86 was a motion by Commissioner Alonso
and this was taken care of by making the change in page 15 in the zoning
ordinance providing for the parking requirements for the R-3 district for the
changes made. The motion...
Mayor Suarez: OK, you're going on your list now. We're not going into
controversial items or items for which people are here. You're just
continuing all the changes that we made specifically, right?
Mr. Olmedillo: Right.
Mayor Suarez: OK, continue.
Mr. Olmedillo: Then, motion 90-87 is the size, the minimum size requirements
for the R-3 district which goes back to what it is today, which is 5,000
square feet. Then motion 90-88 was a motion to include the linkage program by
deleting the transfer development rights and that is done on page 153 and it's
a 25 percent addition and it's to be evaluated for concurrency on a case by
case basis and it has to come before the City Commission for final approval.
Then, we have other directions which were not subject to a motion, but they
were directions by you and...
Mayor Suarez: Do you need to make reference to them or can they just be
included by reference to the prior session?
248 February 15, 1990
Mr. Rodriguez: I would like to put on the record because you might have some
directions on this.
Mayor Suarez: All right, do it quickly, please.
Mr. Olmedillo: You spoke about liberalizing the commercial use on Brickell
area and that's taken care of by amending the SD-5 and SD-7...
Commissioner Alonso: We need to make a statement.
Mr. Olmedillo: ...to lift the .5 FAR limitation which is contained in those
districts today and you requested a study of the White office property, you
did not want to take an action before we went through the process through the
entire process which means taking all these properties and going back to the
FAB process and back to you.
Mayor Suarez: Is that it?
Mr. Olmedillo: And that is all I have.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Yes, in reference to R-3, I'd like to respond to the
Miami Herald about what they said. First, they gave the implication that
since I owned property in the area, it was going to affect me in any way. I
want you to know that what I'm trying to do to that area is to keep it alive,
first of all. Secondly, I want them to have at least what I have. I own
buildings in that area. I cannot build any longer but I want the people to
have the right to have at least what I have and I think it's only fair for the
area and that's why I defended the motion. First, because I'm the only one
sitting on here who lives in Little Havana, goes to the Little Havana
churches, visit the markets and move in that area. I do know the needs of
that area and if we were going to go in the direction that it was first
suggested, it was wrong for the area. And the Miami Herald maybe they live
somewhere else but where I live that is Little Havana...
Mayor Suarez: They do live somewhere else.
Commissioner Alonso: ...that is very much needed.
Mayor Suarez: I don't think there's a single reporter or editor that lives in
Little Havana in the entire Miami Herald organization.
Commissioner Alonso: And I resent... exactly, and I resent the Miami Herald
by implying that I was doing that for my own benefit. I couldn't care less to
tell you the truth what they said but I think it's important to be reflected
on the record that they don't have the right to make that implication and that
they are very wrong to say that. And I want to put on the record, Mr.
McManus, please would you come? I am not wrong when I make references to
Little Havana. What I meant was I do know it affects the entire City of
Miami. But I do know that this particular classification, R-3, only affects
this kind of lots in Little Havana and I'd like to ask Mr. Sergio Rodriguez to
tell me if that is wrong or I'm right. Who is right, Mr. Rodriguez?
Mr. Rodriguez: Let• me try to clarify, the... Solomon. Let me try to clarify,
Commissioner Alonso, what I think you're saying, if I understand what you're
saying. I think the statement that was given to Mr. McManus was that 30,000 -
_ units in the City will be affected. I think that the way he arrived to that
_ conclusion was that about one -fifth of the number of units in the City, which -
are 150,000, are basically with an R-3 classification and the way that we were
proposing it in which we were increasing the area for each one of the lot, if
it were to have passed the way it was, with an increased minimum lot, it would
have had an effect on the whole 30,000 properties.
Commissioner Alonso: So, actually, if we had gone the way you proposed, you f
were telling the people, you have to buy your neighbor's property in order to
do anything whatsoever, right?
Mr. Rodriguez: For new development, yes.
Commissioner Alonso: Exactly.
249 February 15, 1990
Mr. Rodriguez: In the case of existing development...
-� Commissioner Alonso: And do you think that it was going to be justified in an
area as Little Havana that we want to develop that, we want to maintain, that
we to respect that we don't want to become a ghetto. Or do we want to keep
the old structures, all destroyed with hundred rooms in the old houses? Is
that what we wanted? No, that's not what we wanted. So, I'd like you to say
to the Miami Herald and to anyone else, that what I was referring to Little —
Havana, is because it's the only area in the City of Miami that does not
justify the cost of the land. If it were to be Coconut Grove, no problem.
Hundred investors will come and they will fight for the right to do it, but in
Little Havana, you know as well as I do that that will not happen. That it =
will have to be the little investor and it will have to be in a lot 50 x 135
and I don't want the old structures, with million of rooms and million of cars
and million of people, living in those houses. I want something new, better =_
for the area and I want the area to be preserved and respected, but we want,
in order to improve that area, to do what I had requested.
Mayor Suarez: And...
Commissioner Alonso: And I'd like - excuse me, Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Alonso: I'd like Mr. McManus to clarify, on the record, the
questions that they put or what they publish. I'm not wrong, sir. I'm right
because I know the area. Where do you live, by the way? In what area do you
live?
Mr. McManus: I live in Coral Gables.
Commissioner Alonso: You live in Coral Gables.
Commissioner Plummer: No, ho, ho,ho.
Commissioner Alonso: Yes.
Mr. McManus: Dr. Alonso...
Commission Alonso: Yes.
Mr. McManus: ...when the story said that you were wrong, that was the Herald
reporter editorializing in the story, himself.
Commissioner Alonso: I'd like to know where the reporter lives. That would
be nice to hear, maybe he doesn't know the area.
Mr. McManus: I did not tell the reporter that. That was the reporter
editorializing in his own column. The reporter was attempting to portray
this, as Mr. Rodriguez has said, in terms of what was the most widespread
number that could be used and what we tried to do was take the 150,000 units,
dwelling units in the City of Miami, and say this probably affected probably
about 20 percent of them and that was the number that came out, 30,000 units.
Commissioner Alonso: The area of Little Havana, because no one wants to build
in that area at this particular time because the situation of the crime,
because of the situation of how the area is and if the little investors, we
tell them, go away, bye, bye, we don't want you there, what's going to happen
to the area?
Mayor Suarez: And let me add to your argument, another point that is really
analytical point that they have backwards in the article and that is the
economics. If Dr. Alonso owns property in the area, she is affected
negatively by the fact that we allowed this, not positively because then,
other people, would not be able to build what properties in competition with
the ones she owns so the Herald ought to have a course in economics for all
their reporters.
Commissioner Alonso: Exactly, and they didn't understand that the whatever
decision, whether it was the first one or the one I wanted it to be changed,
it was not going to affect me in any way because I had already the maximum
allowed there. And it was going not to affect me. They were not going to ask
me to demolish the property. They are brand new buildings, by the way.
250 February 15, 1990
OIL -
Mayor Suarez: It probably affects you negatively... with growth management
constraints, it probably affects you negatively because it allows more =_
competition. —
Commissioner Plummer: Mr. Mayor, I...
Commissioner Alonso: Excuse me, Mr. Plummer, I'd like to send a message that
' we want to respect the City of Miami and also if we want the people to come
and invest, in the one hand, we say we want people to invest. In the other
hand, we say we close the door and we don't want anyone building in the City
of Miami, but we have to pay taxes and the homeowners don't want to pay taxes.
— What do we do then? What do we do? From where do we get the money? From
where do we improve the City of Miami? Tell me, how do we do it? That's all
-.� I have to say.
Commissioner Plummer: Mr. Mayor...
Vice Mayor Dawkins: I'd like to say to Commissioner Alonso...
Mayor Suarez: Wait, we got Commissioner Plummer who want...
Commissioner Plummer: No, no, no, no, he...
Mayor Suarez: OR, you yield to the Vice Mayor.
Commissioner Plummer: Let my elderly senior citizen speak.
Vice Mayor Dawkins: I'd like to say to Commissioner Alonso that that article
will not be...
Commissioner Plummer: The last.
Vice Mayor Dawkins: ...the only or the last wrong thing printed about you by
the Miami Herald.
Commissioner Alonso: Of cot,.rse not! We have seen a lot already.
Vice Mayor Dawkins: And I will say to you, do not spend your time worrying
about what the Miami Herald says because the Miami Herald cannot cast one vote
for you. Continue to spend your time working for your constituents, those who
voted for us and those who we love and who lone us. Don't spend one day more
of your time responding to anything the Miami Herald says because they're
going to always say it again and say it longer.
Commissioner Alonso: Thank you.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: At the sake of not glorifying the place on the bay, I
voted against that motion before and...
— Mayor Suarez: The Palace of Malice by the bay.
Commissioner Plummer: The what?
Mayor Suarez: The Palace of Malice by the bay. -
Commissioner Plummer: Well, I got a better name but I can't put it on the
record. I disagree with Commissioner Alonso. I don't agree with the Herald,
but I disagree and I disagreed before and I still disagree and I have to put -
it on the record and I'd likewise... -
Mayor Suarez: And you're still wrong.
Commissioner Plummer. OR, I could be wrong, but, hey, all I'm saying to you
that in my estimation, it is giving more density and less parking. I don't
�. think that's what we want in Little Havana. I personally think that people
down there want some breathing room and some places to park their cars which
they don't have today. So....
251 February 15, 1990
Commissioner Alonso: And do you think they have it now, Commissioner Plummer?
Commissioner Plummer: No, they don't, but to make it...
Commissioner Alonso: Well, it's not going to change because the old
structures have lots of people living in them and if we change them, or we
hope to change - maybe we will not -- but if we replace some of the old houses -
_ that are housing - maybe you believe is one family - I tell you that you are
wrong. -
Commissioner Plummer: No, no, no, I didn't speak to one family.
Commissioner Alonso: And they have cars and they are parking on the streets.
Maybe if we have a new building, they will park inside that building and it
will be better for the area and it will be clean, safe, and responding to the
code of the City of Miami, that they are not responding today.
Commissioner Plummer: Well, Doctor, I respect you and I respect your right to
your opinion, which happens to differ from mine. I was born in that area and
I lived in that area all of my life.
Commissioner Alonso: At a different time, excuse me.
Commissioner Plummer: Oh, very definitely, very definitely a different time.
But as I drive the streets today, I have to say to you...
Mayor Suarez: May I beg my fellow Commissioners to continue this argument at
another time because we do have a couple of other items before 9:30 and I have
a threat over here on my right that that will leave...
Vice Mayor Dawkins:
I said I'm leaving....
Mayor Suarez: Not a threat, just a statement he's going to leave at 9:30 and
we may lose our quorum.
Commissioner Plummer: We have a disagreement and that's healthy, I think.
Mayor Suarez: That's right.
Commissioner De Yurre: I'd like to... is the Jackson Memorial overlay
district part of this process?
Mr. Olmedillo: It is because there's a carry over from 9500.
Commissioner De Yurre: OK, I have some serious problems with that and could
we just take that item and pass it along into the next Commission meeting or
do we have to approve everything tonight? It's the Jackson Memorial overlay
parking district.
Mayor Suarez: And we select some items for future...
Mr. Rodriguez: If you were to approve the rest of the ordinance, you can pass
the rest of the ordinance tonight on second reading, which is tonight, and
then, don't extract that portion of it.
Mayor Suarez: We can extract some portions for consideration on a second,
second reading, on a different second reading?
Mr. Rodriguez: Well, let me finish what I...
Mayor Suarez: OK, can you guys all get in agreement over there?
Mr. Rodriguez: Since we're recommending that the effective day of this -
-� ordinance be six months from now, you can have the choice either or approving '
it today and amending it within the next six months asking us to come back
with an amendment or pulling a particular portion of it and making sure that
we have an ordinance within the next six months that will deal with that
particular area.
-A
Commissioner De Yurre: OK, what I would like to do then is to take this item
and send it back to the Planning Board for further review.
252 February 15, 1990
Mr. Olmedillo: That's SD--10.
Commissioner De Yurre: Well, whatever it is, the Jackson Memorial overlay
district... '—
Mr. Olmedillo: That is correct. _
Commissioner De Yurre: ...that's for the parking district. What number is
that?
Mr. Olmedillo: SD-10.
Commissioner De Yurre: OK.
Mr. Rodriguez: Let me check one second on the implications of this. What
will happen is, that, again what I told you, you know, if we don't take an -
action on this, there will be no zoning for that property in that whole area
and that shouldn't happen so we have to make sure...
Commissioner De Yurre: What, what, what, comes again?
Mr. Rodriguez: If we don't take an action on this by the time the ordinance
J is in effect, which we're proposing to be six months from now...
Commissioner De Yurre: Um hum.
Mr. Rodriguez: ...then, that property, that whole area... —
Commissioner De Yurre: Will...
Mr. Rodriguez: ...the overlay itself will not be in effect. —
Commissioner De Yurre: Will continue as is. _
Mr. Rodriguez: Will continue... presently, you have an overlay on it that
allows them to deal with the parking the way in the way they approved last
- = time.
Commissioner De Yurre: OK but that's not final final until we get it into
the 9500. ,
Mr. Olmedillo: If I may...
Mr. Rodriguez: Final in 9500, this will be in the new ordinance. Ninety-five °-
hundred is already included in that.
Commissioner De Yurre: But it hasn't been finally approved.
Mr. Rodriguez: Yes.
Mr. Olmedillo: Yes, it has. In November...
Commissioner De Yurre: Well, what are we doing here now?
Mr. Olmedillos In November of last year.
Mr. Rodriguez: What you're dealing today with this, today's the new zoning
ordinance that will repeal 9500.
Commissioner De Yurre: OK.
Mr. Rodriguez: So, if you were to deal with that...
Commissioner De Yurre: And you tell me that this exists in 9500 right now?
Mr. 01medillo: Right.
Commissioner De Yurre: OK.
Mr. Olmedillo: It was approved in November on second reading.
253 February 15, 1990
Commissioner De Yurre: OK, well, but it's... what I'm saying is, with the new
ordinance, I may want to have it changed. At least, me, personally.
Mr. Rodriguez: OK.
Commissioner De Yurre: So I want that portion sent back to the Planning
Department so we can sit down and review it and see if it's feasible or not or
it can be improved. '-
Mayor Suarez: Are you going to make that into the form of a motion as to
that...
~_ Commissioner De Yurre: And that's a motion. That item, I move... that's my
motion. --
Mayor Suarez: Describe district.
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Extracting that from the rest of the ordinance.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-165
A MOTION DIRECTING THE ADMINISTRATION TO EXTRACT THE -
JACKSON OVERLAY DISTRICT (SD-10) FROM THE PROPOSED NEW
ZONING ORDINANCE AND ATLAS; FURTHER REFERRING SAME _
BACK TO THE PLANNING ADVISORY BOARD FOR FURTHER -
REVIEW.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr. _
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None..
s
Mayor Suarez: You were going to oppose that particular thing or not?
Al Cardenas, Esq.: No, no...
Mayor Suarez: OK, counselor, go ahead and see if we can try one or more items
and then...
Osvaldo Soto, Esq.: Mr. Mayor, Cormissioners. When this Commission the last
meeting approved the new... I'm sorry, I'm sorry. My name is Osvaldo Soto,
I'm a practicing...
'i
—_� Commissioner De Yurre: He thinks every body knows him, you know, just be he
shows up. E.
Ms. Hirai: For record purposes, we know him, but for record purp...
Mr. Soto: I'm a practicing attorney at 1313 Coral Way and at the same time, I f
am president of a corporation known 1313 Coral Way.
Commissioner Plummer: Isn't that convenient?
Mayor Suarez: Creative.
Mr. Soto: In the last meeting, this Commission approved the new City of Miami
zoning ordinance and in their wisdom, this Commission approved a change to the
recommendations and allowed the leveling of lots in back of commercial areas
254 February 15, 1990
like S.W. 8th Street, Biscayne Boulevard, and Flagler in order to be able to
use the lot facing those avenues. I happen to own several lots in Coral Way
where practically the only lots that cannot use the lots in the back are the
ones that we own. Mr. Olmedillo knows, and I discussed it with him, that from
14th Avenue to 17th Avenue and Coral Way in the south area of the street, the
extension goes back two blocks and actually the other two blocks that would be
left are practically - today practically they go all the way back to 21st
Terrace. We have tried to see if we can build a commercial building there and
we have it approved and we cannot do it, financially, it is not possible and
feasible. The only way we can use those lots which are - the length are very
small, very short, we only have 80 feet - is by using the lot that we have in
the back of the property and what I'm asking this commission today is that the
same change that was recommended by this Commission and approved for S.W. 8th
Street, Biscayne Boulevard, and Flagler, be approved for the area of Coral Way
between 17th Avenue and 12th Avenue and again I refer to...
Mayor Suarez: Mr., let me ask the planners to see if we can cut through this.
Guillermo, would you have recommended as to 12th, the strip from 12th Avenue
to 17th Avenue, that we have a different handling from the rest of Coral Way
because of the different conditions described by Mr. Soto and known by all of
us to exist there?
Mr. Olmedillo: Well, originally we did recommend those two blocks because
there are only two blocks between 12th and 14th actually, which do not reach
into the residential area...
Mayor Suarez: OK.
Mr. Olmedillo: ...to be treated as a buffer district. However, your
motion...
Mayor Suarez: Is anyone here to be heard against that proposal?
Mr. Don Deresz: Yes, sir, Don Deresz, 1852 S.W. 24th Street. I'm with the
Silver Bluff Homeowners Association. As we discussed at the first reading,
what we're trying to do, and there were many more members here that day, I'm
here to sort of make sure that everything stays within the coop - all the
chickens stay in the coop. We want to keep Coral Way closed, especially
within the Silver Bluff area because as soon as you open that up, you're going
to end up with what we have...
Mayor Suarez: Give me a definition of Silver Bluff though, I thought we were
talking a little bit farther west than the area.
Commissioner Alonso: It's not that area.
Mr. Deresz: The Silver Bluff Homeowners Association, all the members, about
1500 homes, include from Coral Way south to U.S. 1 and S.W. 16th Avenue
through S.W. 27th Avenue.
Mayor Suarez: Which is west of the area we're talking about.
Commissioner Plummer: But that's not what he's speaking to.
Commissioner Alonso: That's not the area.
Mr. Deresz: He's up to 17th Avenue.
Commissioner Plummer: He's 17th, east to 12th.
Commissioner Alonso: He's in the area following Winn -Dixie, that takes
already the back of it.
Commissioner De Yurre: Thirteenth Avenue.
Commissioner Alonso: Yes.
Mr. Deresz: What vie're trying to do is retain the integrity throughout - see,
I'm not juat talking just for Silver Bluff Homeowners, but the entire Miami
Coalition of homeowners.
255 February 15, 1990
ram=
Mayor Suarez: OK, I was just clarifying because the rest of the area is very
stable residential, but 12th to 16th Avenue is, as he has described it, pretty
different.
Commissioner Alonso: They have the Winn -Dixie.
Commissioner De Yurre: It's hodgepodge area.
Mayor Suarez: It's kind of a hodgepodge.
Mr. Deresz: But, you still like Mr. Olmedillo mentioned, there's at least two
blocks there which are still residential.
Mayor Suarez: Which are which ones? _
Mr. Olmedillo: Have from...
Mayor Suarez: Maybe 15th...
Commissioner Alonso: It's actually one block.
Mr. Olmedillo: From 12th to 13 and 13 to 14th, the lots, that's where you
have the situation of shallow lots.
Mayor Suarez: On the north or on the south?
Commissioner Plummer: Both.
Mr. Olmedillo: On the north side of Coral Way.
Mayor Suarez: Oh, OK, but we're talking about the south.
Commissioner De Yurre: Residential where? On Coral Way.
Mr. Olmedillo: I believe I spoke to Mr. Soto about the property which is
north of Coral Way, not south.
Commissioner De Yurre: Coral Way.
Mr. Soto: It is the north side.
-- Mayor Suarez: He's talking... Oh, you are talking...
Mr. Soto: And the north and the north side from 14th Avenue to 17th Avenue,
it goes two ways, two blocks down. And from 12th to 14th...
_ Mayor Suarez: Oh, in the Winn -Dixie area, OK.
Mr. Soto: OK and from 12th to 14th...
Mayor Suarez: Yes, it is north, OK. +`
Mr. Soto: ...half of those lots go all the way back already. Actually, the _
lots next to us at 21st Terrace are two offices that you could go there
today...
Mayor Suarez: Does it make sense to distinguish between the area from 14th to
17th, which is your concerned about?
Mr. Soto: Well, what I would say that 80 percent of that area already uses _
the lots on the back for parking.
- - Mayor Suarez: But, the area you're particularly concerned about is which
avenue to which avenue?
Mr. Soto: From 12th Avenue to 17th Avenue, which practically 80 percent...
Commissioner De Yurre: Narrow it down. Narrow it down some more. You're
interested in 1313, facing...
Mr. Soto: No, I am interested...
256 February 15, 1990
Commissioner De Yurre: In the immediate vicinity there.
Commissioner Alonso: That block, because it will not be right to do it just
in the corner, they already have commercial. To the back because they have
offices, lair offices, right now that face 13. -
Commissioner De Yurre: How about running it from 12th to 14th?
Commissioner Alonso: Mr. Ferro has his office there.
Mr. Soto: And from 12th to...
Commissioner Plummer: That's on the and of the block.
Commissioner Alonso: In the back of there?
Commissioner Plummer: But it's at the end of the block. It doesn't go back
to the residential.
Commissioner Alonso: Right next to them, the people have parking in the back —_
as well, it's commercial.
Commissioner Plummer: One lot.
Commissioner Alonso: Two lots plus the next lot is commercial and the radio
station.
Mr. Soto: What I am trying to say to this Commission is that practically I'm
not asking for any change but really to allow us to do what everybody else has
done in that area. _
Mayor Suarez: Except that we have generally excluded Coral Way. This area that you're talking about is rightly, a little bit different.
Mr. Soto: Mr. Mayor, Mr. Olmedillo will tell you that it would be difficult
for us to use the lot we have facing Coral Way, they have only 80 feet. =
Practically, those lots could not be used unless we can use the parking on the _
back. 1,
Commissioner De Yurre: Mr. Mayor, let me try a motion and see if we can get
by. I would move that we exclude from this process, the area from 12th to '—
14th Avenue. ?=
Commissioner Plummer: On both sides? Well, from 12th to 13 is nothing on the
other side. -
Commissioner Alonso: No, that area that is really...
Commissioner De Yurre: It's a garage... you got a service station on the
corner and you've got a drug store on the other corner and you've got the law
office there.
Commissioner Plummer: But, I mean, are you talking to both sides of Coral
Way?
Mayor Suarez: The north...
Mr. Soto: We're picking only north side.
Commissioner Alonso: No.
Commissioner De Yurre: Well, I got no problem just doing the north side. You
got an office building on the other side anyway.
Mayor Suarez: From your perspective, how would you narrow it...
Commissioner Alonso: Just• in north, not...
Mayor Suarez: ...if you couldn't have the whole thing? Just...
Commissioner Plummer: Let me ask a question.
257 February 15, 1990
Commissioner De Yurre: And you got my parents living right there too.
Commissioner Plummer: Mr. Olmedilly.
Mr. Olmedillo: Yes, air.
Commissioner Plummer: Sapodilly, whatever the hell it is... =
Commissioner Alonso: Mr. Guillermo.
Commissioner Plummer: Mr. Guillermo, Sweet William...
Mr. Olmedillo: Thank you.
Commissioner Plummers If this is to be denied, would they have the right _
under our new set of criteria, to come in for a special exception or a
Conditional use? —
Mr. Olmedillo: No, air. —
Commissioner Plummer: For parking? —
Mr. Olmedillo: No, sir.
Commissioner Plummer: See, I wouldn't have any problem on an individual
basis, because then, we can place any restrictions that we wanted on it. If, they were - what they're asking is, to use the parking and I understand that.
Now, what would that have to be rezoned on that back side of the street? _
Mr. Olmedillo: Either you would have the SD-12, which is the buffer zone that
we have suggested to you or you would have to rezone the property all the way
to 21st...
Commissioner Plummer: Where would the buffer zone be? -
Mr. Olmedillo: It will be the lots which are fronting on 21st Terrace between =
12th and 14th. _
Commissioner Plummer: What's the buffer? -the street?
Mr. Olmedillo: No, the buffer will be that these would provide... _
Mr. Rodriguez: It's called a buffer zone.
Mr. Olmedillo:'s ...it's called buffer zone. And it was the old transitional
which is to allow parking on those lots which are zoned residentially now but
can be taken for parking to serve the...
Commissioner Plummer: But how... all right, fine, let me give you one of the
biggest arguments that I've heard - that there be no ingress/egress on those
lots.
Mr. Olmedillo: Oh, the buffer zones don't have any ingress or egress through
the residential district and they have a 20 foot setback and they have to have
landscaped area, a 20 foot landscaped area and a wall, and no building.
Mayor Suarez: Would it make sense because of the lateness of the hour?
Commissioner Alonso: Parking the back...
}
Mr. Soto: We could not use - we could not go out to 21st Terrace. We'd have
to do it.
Commissioner Plummer: No, no, no, there's - he's telling me that there's
certain criteria built in.
Commissioner Alonso: That they would have a wall and buildings and whatever.
Mr. Soto: Right, I would have to meet that criteria, no doubt about it.
Mayor Suarez: Would it make sense from the standpoint of expediency here, to
extract this area from 12th to 17th Avenue and send it to Planning for a study
in which you could give your input and property owners their input and...
258 February 15, 1990
Mr. Rodriguez: We recommended it.
Commissioner Alonso: They already make a recommendation to do exactly that.
Mayor Suarez: Oh, you've got a recommendation. OK. -
Mr. Rodriguez: For it. -
Mr. Soto: Planning was recommended that, Mr. Mayor.
Mayor Suarez: All right, so that's repetitive then.
Commissioner Alonso: We were the ones who change it. That's the truth.
Mayor Suarez: What would it apply to? Would it apply to the entire 12 to
17th Avenue?
Mr. Olmedillo: Twelve to fourteen, we don't think is necessary through 17th.
Mayor Suarez: OK. Anything further from...
Commissioner Alonso: I am sure the associations will not have any problems
with that particular...
Mr. Deresz: On the north side.
Mayor Suarez: On the north side.
Commissioner Alonso: The north side, that's what we are talking about. Just -_
that area next to all of that grocery store and all.
Mayor Suarez: I'll entertain a motion then as to the strip from 12th to 14th
Avenue, on the north side of Coral Way.
Commissioner De Yurre: Moved.
Commissioner Plummer: All right, then, let me understand fully. _
i
Mayor Suarez: Moved by Commissioner De Yurre.
Commissioner Plummer: That means that the back lot, that they cannot use that
for the configuration of their floor area ratio on the front lot.
Mr. Olmedillo: Right.
Commissioner Plummer: They cannot extend the building into that lot any way,
shape, or form and must comply, even to the setbacks. _
Mr. Olmedillo: Right. =-
— Commissioner Plummer: As an independent lot.
Mr. Olmedillo: Right. -
Commissioner Plummer: OK.
Mayor Suarez: It can only be used for a parking lot.
Commissioner Plummer: They have to... well, but, now, wait a minute. Does
_ the setbacks go from the present property line?
Mr. Olmedillo: From the present property line. The only way to do that is
through a special permit and that will have to go through a public hearing.
Commissioner Plummer: OK. And there has to a wall...
Mr. Olmedillo: There has to be a wall...
Mr. Rodriguez: Landscaping...
Commissioner Plummer: ...and 20 foot setback...
259 February 15, 1990
l
Mr. Olmedillo: And a 20 foot setback for the parking.
Commissioner Plummer: And landscaping between the wall and the sidewalk.
Mr. Olmedillo: Correct.
- Commiseioner Alonso: Parking. Parking.
Mr. Olmedillo: Parking only.
Commissioner Plummer: For parking only.
Mr. Olmedillo: Right.
Commissioner Alonso: That's what they suggested was buffer area.
_ Commissioner Plummer: Well, that will be - in effect, that will be a relief -
to the neighborhood of getting some off...
Mr. Soto: That's correct. That's correct.
Commissioner Alonso: It will be a relief because 13 Avenue, you know, it's _
bad now.
Mayor Suarez: It might actually be a relief, yes.
Commissioner Alonso: It's going to be a relief because 13 Avenue, you know,
it's bad now.
Mr. Deresz: As long as the building isn't allowed to expand.
Mayor Suarez: OK, we have a motion and a second, for once, we all agree.
Commissioner Plummer: No, the building...
Commissioner Alonso: No, no, no, the parking...
Commissioner Plummer: All right, let me throw this out to make sure I know
what I'm saying.
Mayor Suarez: I can't believe it.
Commissioner Plummer: That is the lot is a 100 foot deep and the second lot
is 100 foot deep, that the setbacks of the building, the commercial building,
are from the first hundred feet. Is that correct? Here, let me draw you a
picture.
Mr. Olmedillo: Right, it's from the... right, from the zoning district line.
Commissioner Plummer: Here. Here is the two lots. This one faces Coral Way.
This one faces 21 Terrace. The setbacks of the building are from here.
Commissioner Alonso: Sure, yes.
Commissioner Plummer: OK. That's fine. That's fine.
Mr. Rodriguez: If you want to go with that, you have to tell us to put back
SD-12 on the north side of the lots which are behind Coral Way between 12th
and 14th Avenue of the southwest. Right?
Mr. Olmedillo: Right.
Commissioner Alonso: You're getting it right and that part is your problem.
Mr. Olmedillo: Right.
Mr. Rodriguez: It's up to you then.
Commissioner Alonso: Yes? OK. Make a motion?
Commissioner De Yurre: I moved. It's been moved and seconded.
260 February 15, 1990
Commissioner Alonso= We don't have a Commission here.
Ms. Hirai: Yes.
Vice Mayor Dawkins: I'm here.
Commissioner Alonso: Ah, good.
Commissioner De Yurre: Call the roll.
Commissioner Alonso: Move.
Commissioner Plummer: Motion made and understood. Oh, I'm sorry.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-166
A MOTION MODIFYING M 90-80 (PASSED AND ADOPTED JANUARY
25, 1990) AS IT APPLIES TO THE NORTH SIDE OF THE LOTS
ON THE NORTH SIDE OF CORAL WAY, BETWEEN 12TH AND 14TH
AVENUES, BY APPLYING THE SD-12 BUFFER OVERLAY DISTRICT
AND RETAINING THE UNDERLYING ZONING DISTRICT.
Upon being seconded by Commissioner Alonso, the motion wan passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: OK, quickly, any other items that we could dispose of,
noncontroversial, hopefully?
Steve Helfman, Esq.: I hope so. Mr. Mayor, Steve Helfman, with Fine
Jacobson, 1 CenTrust Financial Plaza. I'm here on behalf of Arman...
Commissioner Plummer: ConTrust.
Steve Helfman: CenTrust. For a while, yes, for a while. I'm here on behalf
of Armando Codina and Woody Weiser who own a tract of land, are joint
venturing a project in the Civic Center area in the northeast corner of 14th
Street and llth Avenue. There are two requests that we have. In order to
develop the project, which is a mixed use project of office - at the ground
level with some retail - and all suites hotel, a tower with a hotel for all
suites and a tower for apartments. We need the SD-19 newly created overlay
district placed on that parcel.
Mayor Suarez: I'll entertain a motion on it unless anybody has any objection.
For all I care, you could build whatever you want, SD-19, 20, 21, 22, 28, 30,
whatever the heck you want there.
Commissioner Alonso: There is more, wait a second.
Mr. Helfman: Wait, there's...
Mayor Suarez: You want more than that?
Mr. Helfman: Well, the SD-19 is a method of applying an FAR and the SD-19
that we need is an SD-19 3.2 in order to build the project.
Mayor Suarez: Oh, I love those. SD-19...
Commissioner Plummer: What is the present FAR there now?
261 February 15, 1990
Mr. Olmedillo: Right now it's 1.72.
Mayor Suarez: And what would it go up to? _
Mr. Helfman: Three point two.
Mayor Suarez: Fine...
Commissioner Plummer: Through a bonus system or just granted outright? —
Mayor Suarez: Granted.
;Y
Mr. Helfman: Well, the adjacent...
Commissioner Alonso: Oh, we are so generous lately. _
Mayor Suarez: Hopefully, that they'll build there so we can tax them.
Commissioner Alonso: Great.
Mr. Helfman: In all fairness, the adjacent property now under the new code is
2.8 FAR, so this will be entirely consistent with the entire area.
Mayor Suarez: Sure, you get another point four, that's all right.
Commissioner Plummer: And you recommend that?
Commissioner De Yurre: Do you or don't you?
Mr. Rodriguez: We feel that this area can take, because of the location of
the rapid transit and the access to it, and because of the tremendous amount
of development in the area, can accept more development of more intensity. It
is one of our prime intensity areas of the City. If one area where you can
do...
Mayor Suarez: And that's before I take him to Hong Kong. I'm going to take
him to Hong Kong.
Commissioner Alonse: So, no problem.
Mayor Suarez: I'm going to take him to Hong Kong so he can see what...
Commissioner Alonso: No problem.
Mr. Rodriguez: And the same thing, you know... the same thing that will apply
for example for areas like in downtown and in other parts of Brickell. This
is one area in which development is welcome, in our opinion.
Mayor Suarez: Remember, that's what you said last time we were here on this,
on the river.
Commissioner De Yurre: I move it.
Commissioner Alonso: Second.
Mayor Suarez: Moved, seconded. Any discussion? If not, please call the roll
before he thinks of something else to say.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-167
A MOTION CHANGING THE ZONING CLASSIFICATION AT THE
NORTHWEST CORNER OF 14TH STREET AND 11TH AVENUE (CIVIC
CENTER SITE) BY APPLYING THE SD-19 OVERLAY DISTRICT TO
SAME, FURTHER SPECIFYING A 3.2 FLOOR AREA RATIO.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
262 February 15, 1990
AYES: Commissioner Victor De Yurre —
Commissioner J. L. Plummer, Jr. -_
Commissioner Miriam Alonso _
Mayor Xavier L. Suarez
_ NOES: None.
ABSENT: Vice Mayor Miller Dawkins.
Mayor Suarez: Anything else? Jim McMaster.
Commissioner Alonso: Oh, no.
Mayor Suarez: Al Cardenas. We're going to act on one of your items tonight,
I hope, Al. —
Al Cardenas, Esq.: No, this is very quick.
Mayor Suarez: Same one?
Mr. Jim McMaster: He can go first. He can go first. He's shorter...
Mayor Suarez: It's not the same one?
Mr. McMaster: He's shorter than I am, he can go first.
Mayor Suarez: It's the same item?
Mr. McMaster: No, different items.
Mayor Suarez: OK, he's yielding the floor because we've otherwise mean to you
today, go ahead. --
Mr. Cardenas: Oh, thanks, Jim. On motion 90-82, which you made last time and =
- passed on first reading, which I would like for it to stay that way. But, for
-- technical reasons, which would take a long time to explain, I would like for
you to, on second reading, defer this matter and not vote on it. -
Mayor Suarez: Extract that and vote at a later time?
Mr. Cardenas: Yes.
Commissioner Plummer: Can somebody tell me what 90-82 is?
Mr. Cardenas: That was when you...
Mr. Rodriguez: Paradise Point.
Commissioner Plummer: I know it's a 90-81, but what the hell is it?
Mr. Cardenas: No, 90-82 was when we changed that waterfront river district
zoning classification to SD-4 by unanimous vote of the Commission. But since
we have to go through a zoning classification change, it's a complicated legal
thing we've been talking to staff and legal counsel about it.
Mr. Rodriguez: Flan amendment.
Commissioner Alonso: But you are happy with what we did.
Mr. Cardenas: I'm happy with what you did, I just don't want you to
incorporate it on your vote on the second reading.
Mayor Suarez: On the second reading. And do a separate second reading on it?
Mr. Cardenas: Yes.
Joel Maxwell, Esq.: He's asking you to continue that item, that you should
continue to a date certain if you can and I think the...
Mayor Suarez: OK, well give us a date certain, please.
Mr. Cardenas: July 19th, if that's OK.
263 February 15, 1990
NPOMW
Mayor Suarez: July 19th. �-
Mr. Maxwell: They're asking for a long date.
- E
Mayor Suarez: OK, nobody has any objections to that?
Mr. Rodriguez: Wait, wait, wait. July 19th...
Mayor Suarez: He needs a little more time. God knows why, but...=_
Commissioner Alonso: We have no idea why.
-� Mr. Maxwell: Because it requires a comprehensive plan change.
Commissioner Alonso: But it must make sense.
Mayor Suarez: But, it's very complicated technically.
Commissioner Alonso: OK.
Commissioner Plummer: Why?
Mr. Maxwell: It requires a comprehensive plan change.
Mr. Rodriguez: On these, on the second meeting of July of the Commission.
Mayor Suarez: Right, of the second meeting of July the Commission. I'll
entertain a motion continuing it to that time or extracting it to be
considered at that time.
Commissioner Alonso: Yes, move.
Mayor Suarez: So moved.
Mr. Cardenas: Thanks.
Commissioner Plummer: I think we ought to move against it just be consistent.
Commissioner Alonso: Come on, second,
Mayor Suarez: That's a second. Call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption: -
MOTION NO. 90-168
A MOTION MODIFYING M 90-82 (PASSED AND ADOPTED JANUARY
25, 1990) PERTAINING TO PARADISE POINT AREA AT THE
MIAMI RIVER, N.W. 18 TERRACE FROM 24TH TO 27TH F
AVENUES, BY CONTINUING THE SD-4 (SPECIAL WATERFRONT -
DISTRICT) DESIGNATION IN THE ZONING ATLAS, TO THE
COMMISSION'S SECOND MEETING IN JULY, 1990, RETAINING _
THE NOW -PROPOSED ZONING OR R-2 DUPLEX RESIDENTIAL.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote: _
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None. m
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miller Dawkins. 1
Mayor Suarez: Jim McMaster or...
Commissioner Plummer: Oh, wait a minute, there's only three votes here.
Whoa!
264 February 15, 1990
27 -
Mr. Jim McMaster: Jim McMaster, 2940 S.W. 30th Court.
Mayor Suarez: Are you against these nice gentlemen?
Mr. McMaster: Pardon? No, sir...
Mayor Suarez: No, OK.
Commissioner Alonso: Are you against...
Mr. McMaster: ...I'm not against anyone tonight.
Mayor Suarez: All right, what have you got?
Commissioner Alonso: Good for youi
Mr. McMaster: I am for something. I wasn't able to be here at first
readings, this is the first time you've heard this issue. In the RS 1/1
district, it's 10,000 square foot lots. In the RS 2/2, it's 5,000 square foot
lots. When you get to duplex, it's 2,500 square feet per unit and the
schedule of district regulation says 2,500 square feet per unit including
total number of units on the lot.
Mayor Suarez: Including?
Mr. McMaster: Including total number of units on the lot. An issue came up
earlier in the year, last year, about the new special exception cluster
ordinance. There was an appeal tonight on the cluster ordinance and Mr.
Genuardi determined that if you did not have 2,500 square feet per unit, but
you were close on the last unit, you could round the number up.
Mayor Suarez: From 2,499, for example.
Mr. McMaster: Well, if you had enough land for 10.93 units, let's say, you
could then round up...
Mayor Suarez: To eleven.
Mr. McMaster: ...to eleven. And what I'd like to do is try and maintain the
integrity of the ordinance where - we're trying to tighten up the loop holes.
Mayor Suarez: Fractional units under those classifications would have to be
rounded down, is that what you're proposing?
Mr. McMaster: Yes, sir.
Mayor Suarez: What do you think, Mr. City...
Commissioner Plummer: I thought we eliminated cluster housing.
Mr. McMaster: It's back.
Commissioner Alonso: I thought that too.
Mr. Rodriguez: He's not talking about cluster itself, he's talking about the
issue of rounding out. I think he's talking about the issue of rounding up in
relation to a cluster at that time and what he's objecting to is the fact that
we round up using the closest full number, full digit. For...
Mayor Suarez: I think that makes sense, Commissioner, because if you have a
maximum, it should be the lowest, that you should round out to the lowest, not
to the highest because otherwise, it's not a maximum.
Commissioner Plummer: We should take the breakage instead of them.
Mayor Suarez: Right. Exactly.
Mr. McMaster: I'm concerned we're creating a grey area here where, where do
you draw this line?
265 February 15, 1990
o
_- Mayor Suarez:
It's not going to change the world,
you know, the point nine
--
one way or the
other. I don't want to make it seem
like...
Mr. McMaster:
No, I do agree, but I would like the Commission, somehow, to
make sure in
the new ordinance that it is 2,500
square feet per unit and
_ regardless of...
x_
Mayor Suarez:
And that is a minimum.
Mr. McMaster:
...and that is a minimum.
Commissioner Plummer:
I'll make it in the form of a
motion.
Mayor Suarez:
So moved.
`-
Commissioner Alonso:
That will affect only what?
_ Mr. Rodriguez,:
It will affect, for example, in some
cases, one unit.
-
= Commissioner Plummer:
At the most.
Mayor Suarez: Well, what classification, she's asking about?
Mr. Rodriguez: In an R-2 district.
Mayor Suarez: RS-2-2?
Commissioner Alonso: What?
Mr. Rodriguez: In the R-2 district, in the duplex.
Commissioner Alonso: Duplex. You know you can only build in 5,000 two
units...
Mayor Suarez: It won't have an effect here.
Commissioner Alonso: ...so it's 2,500 anyways.
Mr. Rodriguez: I think that's what he's saying.
Commissioner Alonso: I don't see the point.
Mr. McMaster: Although we have a ruling from Mr. Genuardi that if you have
multiple lots, and if you're just shy, you can then round up.
Mayor Suarez: Sure, irregularly shaped land. He's been rounding up instead
of round...
Commissioner Alonso: But the duplex is not multiple.
Mr. Rodriguez: No, but he :night have more than the minimum sized lot for
example.
Commissioner Plummer: Might have two lots.
Mr. Rodriguez: If you have, instead of 5,000 square feet, you have...
Commissioner Alonso: You are talking about if you have 150, you can add the
third unit.
Mayor Suarez: Right.
Mr. Olmedillo: If you have 7,500, you can have a third unit. However,
this...
Mayor Suarez: If you had 7,499, you wouldn't.
Mr. Olmedillo: 7,499, you can't.
Mr. Rodriguez: You could only have two.
Mayor Suarez: You have to go back to two. In other words, minimum 2,500 per.
266 February 15, 1990
Mr. Rodriguez: That's what he's saying.
= Commissioner Alonso: OK, fine. That was the way it was anyway.
Mayor Suarez: We thought.'
Commissioner Plummer: I'll move it.
- Mayor Suarez: Moved it.
y
'
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
- Mayor Suarez: Please, Dr. Theede, I'm going to throw
the...
Dr. Jane Theede: Oh, yeah?
Mayor Suarez: Throw this thing at you. Moved and
seconded by Commissioner
-
_ Alonso?
—
Commissioner Alonso: No, I did not.
Mayor Suarez: No?
—
Commissioner Alonso: If 1 have to, I don't have no one else... yes, I will.
Commissioner Plummer: I moved it.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-169
A MOTION DIRECTING THE ADMINISTRATION TO AMEND THE
ZONING TEXT OF THE PROPOSED NEW ZONING ORDINANCE FOR
COMPUTATIONS IN CONNECTION WITH CLUSTERS IN THE R-2
DUPLEX DISTRICT WHEREBY ALL COMPUTATIONS FOR
FRACTIONAL UNITS WILL BE ROUNDED DOWN TO THE NEAREST
WHOLE NUMBER.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miller Dawkins.
Mr. McMaster: Thank you.
Mayor Suarez: Last item.
Mr. Ken Simon: OK, my name is Ken Simon, 7715 S.W. 86th St. I'm representing
my grandmother who has commercial property, address...
Mayor Suarez: Not for compensation, right?
Mr. Simon: Pardon?
Z, Mayor Suarez: She's not paying you, right?
Mr. Simon: That's correct, it's my grandmother I'm here - right.
Mayor Suarez: You're just doing it to help her out. Great.
267 February 15, 1990
Mr. Simon: The address is 715 to 721 S.W. 2nd Avenue and it is the current
zoning, when I was looking at the chart, is CG-2, and I was looking at a
conversion chart that implied to me that it would go into either C-2 or I
zoning on the new plan to replace 9500.
Commissioner Plummer: Is this the upholstery shop?
Mr. Simon: No. No, there's a shoe store there... -
Commissioner Plummer: 715 S.W. 2nd Avenue? —
Mr. Simon: 71S to 721 S.W. 2nd Avenue, between 7th and 8th Street.
Mayor Suarez: Has anybody figured out what their concern is and whether we
can resolve it?
Mr. Simon: OK, the concern is after looking - I went down to the Planning
Department...
Mayor Suarez: No, would you take a second to explain to one of our staff what
the concern is?
Commissioner Plummer: This is the same as Theede.
Mr. Olmedillo: The same issue.
Commissioner Plummer: It's across the street from Theede.
Mr. Olmedillo: The same issue, the same C-1, which is retail oriented, that
type of commercial.
Commissioner Plummer: But, you see, there is a difference here. OK? And the
difference here is, across from Theede's property is one hell of a big wall
and the shipbuilding. Across from his property, there is residential.
There's a difference.
Mr. Simon: The problem here is the property has no parking. It is bound by
the bank on one side, a warehouse going towards the back, a paint and body
shop on the other side and there is no street parking.
Mayor Suarez: What does he want us to do and does it make sense?
Mr. Olmedillo: Well, I haven't heard his...
Mr. Simon: Going to C-2 would make it easier to rent the property because it
could be used as warehouse.
Mr. Olmedillo: He wants a more liberal use which is not allowed by the
comprehensive plan. We will have to amend the comprehensive plan if you want
to decide on his...
Mayor Suarez: Oh, you want it more liberally. You want to do the opposite of
Dr. Theede.
Commissioner Plummer: But the problem of changing the zoning isn't going to
create any more land for parking.
Mr. Olmedillo: Right.
Mr. Simon: No, but it won't have to go on the strictly retail basis that C-s
would tend to imply. You could rent it for some other...
Cormaissioner Plummer: What is it being used for today?
Mr. Simon: One of the stores is vacant. It is difficult to rent. Another
one is being used by the paint and body shop, they've kind of expanded into
it. And there is a small shoe store in the middle of it.
Mr. Olmedillo: The shoe store in conforming, the paint shop is not conforming
and the vacant lot is a vacant lot, today with a CG.
Mr. Simon: Vacant store.
268 Februarys 15, 1990
r
Mr. Olmedillo: With a CG today it is vacant.
Mr. Simon: The vacant store previously - let's see, the vacant stone
previously had a costume assembly place in it and...
Mayor Suarez: OK, this would - let me, let me make a suggestion. This would
entail a change in the comprehensive master planning.
Mr. Olmedillo: That is correct, sir.
Mayor Suarez: How can we study and come back with a recommendation?
Commissioner Plummer: Send it back to the Planning Board.
Mayor Suarez: All right.
Commissioner Plummer: I'll move, sending it back.
Mayor Suarez: You got a shot at this, but it will be considered finally at
another time. OK, you second?
Commissioner Alonso: Second, yes.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-170
A MOTION EXTRACTING THE AREA OF 715-721 S.W. 2 AVENUE
FROM INCLUSION IN THE PROPOSED NEW ZONING ORDINANCE
AND ATLAS MAP; FURTHER DIRECTING THE ADMINISTRATION TO
REFER SAID AREA BACK TO THE PLANNING ADVISORY BOARD
FOR FURTHER STUDY.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miller Dawkins.
Mayor Suarez: Final, Truly Burton.
Ms. Truly Burton: For the record, Truly Burton...
Mayor Suarez: If none of that made any sense to you, don't worry about it.
It didn't make any sense to us either, but they can explain it to you.
Ms. Burton: Truly Burton with address of 15225 N.W. 77th Avenue, Miami Lakes.
I'm just here to say a couple of little things that I think your staff did a
very, very fine job in putting the document together. From where we were
about six months ago, I think this is - the document before you shows an
enormous amount of work from your professional staff and from members of our
association and citizens. I'd point out that we appreciate the increased
development bonuses. In addition, I'd point out to you that the TDR is a real
good tool and at some point we might be able to take a look at that again
because it could be used for preservation and so forth.
Mayor Suarez: Sure. Oh, there may be a point in the future of the
development of this area where we have so many growth management constraints
that it makes sense then to begin to trade development rights.
Ms. Burton: We'd urge you to pass this, it's a good document.
269 February 15, 1990
!r'
Mayor Suarez: OK. I'll entertain a motion on the comp plan.
e=-
Commissioner Plummer: We got a problem, Mr. Mayor. I'm voting against the
ordinance and there's only three of us here. Is there a way of getting one of
the members back?
Mayor Suarez: You're voting against the whole shebang?
Commissioner Plummer: Yes, air.
Mayor Suarez: I mean, you can signify your opposition to any individual items
and, you know, for history... —
Commissioner Plummer: Mr. Mayor, I've made enough comments in my
estimation... -
Mayor Suarez: History will record your opposition but you might have sort of —_
support of the overall plan.
Commissioner Plummer: I've stated my opposition in many areas and,
unfortunately, I think I'm in more opposition than I am in favor.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Yes, see if you can, please.
AT THIS POINT, THIS ITEM WAS TABLED. (See label 35).
[NOTE: At this point, the City Commission temporarily
defers consideration of planning and zoning agenda
items to consider regular non -agenda items.] -
33. DIRECT THAT PREVIOUSLY AUTHORIZED R.F.P. FOR SECURING BANKING SERVICES
BE AMENDED TO DELETE REQUIREMENT THAT SELECTED BANK BE MEMBER OF FEDERAL
RESERVE SYSTEM.
---------------------------------------------------------------------------
Commissioner Alonso: OK, in the meantime, in reference to...
Mayor Suarez: OK, Commissioner Alonso had a controversial item or perhaps, -_
noncontroversial.
Commissioner Alonso: ...yes, in, reference to the banking issue...
Commissioner Plummer: Banking?
Commissioner Alonso: Banking issue and the RFP... IM
Mayor Suarez: All of a sudden, our finance director wants to require that all
banks that we do business with be part of the federal system. God knows why.
Commissioner Alonso: Exactly, so I have a resolution directing that the
previously authorized RFP for securing banking services be amended so as to _
delete the requirement that the bank proposing to perform such services be a
member of the Federal Reserve system. Further authorizing the extension of -
the deadline date for submission of proposals to the second of March, 1990.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez; Call the roll.
270 February 15, 1990
Ask
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-171
A RESOLUTION DIRECTING THAT THE PREVIOUSLY AUTHORIZED
REQUEST FOR PROPOSALS ('RFP') FOR SECURING BANKING
_= SERVICES BE AMENDED SO AS TO DELETE THE REQUIREMENT
THAT A BANK PROPOSING TO PERFORM SUCH SERVICES BE A
MEMBER OF THE FEDERAL RESERVE SYSTEM; FURTHER
AUTHORIZING THE EXTENSION OF THE DEADLINE DATE FOR
SUBMISSION TO PROPOSALS TO MARCH 2, 1990.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miller Dawkins.
34. (A) REQUEST ADMINISTRATION TO INFORM THE COMMISSION, IN WRITING,
CONCERNING PRESENT ACTIVITIES AT THE CENTRUST BUILDING, AS WELL
AS CURRENT LITIGATION WITH DEVELOPER AND CONTRACTOR OF THE
CENTR.UST BUILDING PARKING GARAGE, OWNED BY THE CITY.
(B) REQUEST ADMINISTRATION TO INFORM COMMISSION CONCERNING RECENT
ARTICLES IN LOCAL MEDIA REGARDING WITHDRAWAL OF PRIVATE
DEVELOPER FROM THE COCONUT GROVE PLAYHOUSE PROJECT.
(C) REQUEST ADMINISTRATION TO VALIDATE RUMORS CONCERNING POSSIBLE
DEVELOPMENT ON THE F.E.C. PROPERTY ON THE BAY.
Commissioner Plummer: While we're waiting, Mr. Mayor, I would ask that the
City Attorney, I guess whoever it is...
Mayor Suarez: You did this on purpose, didn't you?
Commissioner Plummer: What?
Mayor Suarez: You're holding us up on purpose to get some other items, sneak
them in there, right?
—� Commissioner Plummer: No, because... excuse me, the City Attorney told me
_ before that on a three member Commission, the two to one pass, no I did not...
-� now, he's telling me that there's...
=� Mayor Suarez: No, I don't think so...
ICommissioner Plwmner: ...on legal impediments. I would like to have a memo,
'i and I think this Commission should, we are the owners of the property in which
CenTrust, we've read about, I want to know from the Legal Department whether
we should be concerned about the activities that are going on there presently.
I am concerned...
Mayor Suarez: Could you review that or do you need a... you don't need a
E report right now, do you? -because it's going to take a little bit of....
F please.
�s
Commissioner Plummer; No, no, no, I'm saying send me a memo on that and
should I, as a Commissioner, be concerned since we own the property? The
second...
=1
271 February 15, 1990
Mayor Suarez: Commissioner - oh, OK, go ahead.
Commissioner Plummer: The second one is, we all received a press release that
surprised me that the Coconut Grove thing that we saw with the Off -Street
Parking has blown apart. I'm concerned in that particular area, because they
owe its $200,000 in a loan. Should we be concerned about that split up? And
I'm also concerned, I am hearing rumors about development on the Florida East
Coast Railway track on the bay. And I would like that the administration, if
they know of anyone through the DDA, or anyone else, who is trying to develop
that track, I think this entire Commission should know about it. And I would
ask that you search through the administration and the DDA to make inquiry as
to whether or not some developer is being led through a process of developing
that property.
[NOTE: At this point, the City Commission resumes
consideration of items on the planning and zoning
agenda.]
35. (Continued Discussion) CLOSE PUBLIC HEARING IN CONNECTION WITH PROPOSED
SECOND READING (THE NEW ZONING ORDINANCE) - CONTINUE CONSIDERATION TO
MARCH 8TH COMMISSION MEETING (See label 32).
Mayor Suarez: Once again, may I suggest... let me suggest this possibility,
Commissioner Plummer...
Commissioner Plummer: OK.
Mayor Suarez: ...so we can pass the ordinance. Supposing you were to vote
for it and that we would agree, Commissioner and I to vote for any kind of a
procedural reconsideration at the next Commission Meeting, which would enable
the Commissioner to vote against any part of the ordinance, or all of it that
he wants to vote for, just for the record. Will that do it? Is there any way
to...
Commissioner Plummer: Well, I have voted on the individual portions, Mr.
Mayor, that I was opposed to.
Mayor Suarez: Can we, somehow, reflect in the vote, as a parliamentary
matter, that he is opposed to many of the individual items, but for procedural
reasons, must vote for the comprehensive plan just to get it passed today?
Commissioner Alonso: I think we all did in many ways vote against...
Mayor Suarez: Yes, I...
Commissioner Plummer: Well, we had a difference of opinion, which goes
through.
Commissioner Alonso: All through the...
Commissioner Plummer: See, Mr. Mayor, one of the problems that I had, and I'm
sorry to do this, because I went under the impression that three votes, two to
one, would have been passed. I don't think that as I said before, this is any
kind of a simplification of what we had before.
Commissioner Alonso: I couldn't agree more.
Commissioner Plummer: And as such, I don't think we've really accomplished a
whole hell of a lot when all this me--hanics that we've gone through. That's
my major objection.
Mayor Suarez: Although we could... this is a risky thing to even mention, but
we could then ask that, in the future, someday, not soon, you come up with a
really simple plan to do all of this but...
272 February 15, 1990
Commissioner Plummer: Mr. Mayor, we've asked for this one it took two years
to bring us to this point.
Mayor Suarez: I know, I know, I know, it didn't... no, it was four years.
Commissioner Plummer: I can't live that long, I can't live that long.
Mayor Suarez: I remember being elected and going over to his office and being
:shown around to people that were preparing this. That was four and a half
years ago.
Commissioner Alonso: But, at the same time, we have listened to a lot of
requests from the neighborhoods that we have to preserve.
Mayor Suarez: We've incorporated a lot of good things in here.
Commissioner Plummer: Oh, yes, yes.
Commissioner Alonso: And it is important, and I think that in order to
respect that, and in order to also allow to some of the changes that we have
done, even though I agree with him, it's not any easier, it's complicated, but
always will be very complicated.
Mayor Suarez: Commissioner Alonso, we could later, by future votes, modify
any part of the ordinance, or reflect your vote against some parts of this if
you want it.
Commissioner Plummer% Oh, you've already done that, Mr. Mayor.
Mr. Rodriguez: We, if I may...
Mayor Suarez: I guess we've already done that, but I mean by a formal vote
where you would vote against the whole thing if you want as long as we had,
you know, three other people here.
Mr. Rodriguez: We have to come back to you anyhow within the next six months,
if you pass it on today, to correct some mistakes and make some amendments and
follow up o?a some of the instructions that you gave us tonight that we
couldn't...
Commissioner Plummer: Well, why don't we do this then? Why don't we just...
Mr. Rodriguez: ...that we couldn't take care of them tonight?
Commissioner Alonso: Do you think we can convince him to vote for this even
though I didn't vote for his fountain?
Mr. Olmedillo: Effective days is 180 days from now.
Commissioner Plummer: Well, but I'm saying is, what is the jeopardy if we put
it off to a vote until March the 8th?
Mr. Rodriguez: The only concern that I have is that we go through the whole
thing again...
Commissioner Plummer: No, I'm saying just the vote. We've gone through...
Mr. Rodriguez: Everybody will have to come again.
Mayor Suarez: I'll agree to reconsider it, if we just get a vote today and at
least get the wheels moving.
Mr. Jorge Fernandez: You may take a vote on this motion and if it fails, you
can move to reconsider at next City Commission meeting at which time, having
the other two Commissioners here, it could pass, or you could take a motion
today, and pass it today, and Commissioner Plummer could make a motion to
reconsider at next City Commission meeting.
Mayor Suarez: That's what I'm saying, I would agree to vote for a motion of
reconsider, and I think Commissioner Alonso, in advance, agrees also too, just
to be able to get this passed today.
273 February 15, 1990
Mr. Olmedillo: Commissioner Plummer, can we take you to lunch?
Commissioner Alonso: Sure.
Commissioner Plummer: I would be more comfortable to put it off until March `{
the 8th because I just have that much opposition, I'm sorry.
Mayor Suarez: OK, the effective date, then is postponed if we cannot get a
-- positive vote at this point. All discussions, agreements, and motions are
preserved. Do we do anything else procedurally to make sure that we don't
have to rehash any of this, Mr. City Attorney?
Mr. Fernandez: Continue the meeting. _
Mayor Suarez: And continuo the meeting. I'll entertain a motion doing that
for March 8th.�
Commissioner Plummer: Well, let me do this for you, and I think maybe this
will help you, is that we close the public hearing.
Mayor Suarez: Close the public hearing.
Commissioner Plummer: And that will preclude having to go through it again at _
March the 8th.
Mayor Suarez: No further comments, and we'll just take a vote at that point.
Mr. Joe Wilkins: Can I make a very quick statement?
Mayor Suarez: How can you possibly add anything...
Mr. Wilkins: We'd like to thank the City Commission and we'd like to thank
the Mayor's office. We've worked very hard on this ordinance. On behalf of
the Miami Homeowners Coalition, we thank the City, we've had a good
opportunity to work with the developers, we're sorry Mr. Plummer doesn't like
it.
Mayor Suarez: Thank you, Joe, and all the...
Mr. Wilkins: We'd like particularly to thank Guillermo and he deserves your
commendation.
Mayor Suarez: Mr. Guillermo now, Mr. Guillermo.
Commissioner Plummer: Mr. Guillermo.
Commission Alonso: Mr. Guillermo.
Mr. Wilkins: Mr. Olmedillo, Mr. Guillermo, he deserves your commendations and
he deserves a big raise.
Commissioner Alonso: That's right.
Mayor Suarez: Mr. Armadillo.
Mr. Wilkins: Thank you.
Mayor Suarez: Thank you and thank you, Joe, and all of you.
Commissioner Alonso: Oh, no, not that one, he's great.
Mayor Suarez: Do we need to vote on that? -on the continuance with the
public...
Mr. Fernandez: Yes, you need to.
Mayor Suarez: ...public hearing is closed. We have a motion. by Commissioner
Plummer, seconded by Commissioner Alonso. Call the roll.
274 February 15, 1990
-- -
air -
The following motion was introduced by Commissioner Plummer., who moved =
its adoption:
MOTION NO. 90-172 .
A MOTION CLOSING THE PUBLIC HEARING IN CONNECTION WITH
PROPOSED SECOND READING ORDINANCE (THE NEW ZONING
ORDINANCE); FURTHER CONTINUING CONSIDERATION OF SAID
ORDINANCE TO THE MEETING PRESENTLY SCHEDULED FOR MARCH
8, 1990.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr..
_ Commissioner Miriam Alonso _
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miller Dawkins.
COMMENTS MADE DURING ROLL CALL: -
Commissioner Alonso: Look at him. _
Mr. Fernandez: To the next City Commission meeting, right?
Mayor Suarez: Yes.
Commissioner Pluummer: Is this on my fountain? I vote yes.
COMMENTS MADE FOLLOWING ROLI. CALL:
Commissioner Plummer: So be it. So be it.
THERE BEING NO FURTHER BUSINESS TO CONE BEFORE THE CITr
COMMISSION, TITS MEETING VAS ADJOURNED AT 9:55 P.M. -
Xavier L. Suarez
M A Y O R
ATTEST:
Natty Hirai 0
CITY CLERKValter
ASSIST J. CITYFoemCLERK „1
I NCORY ORATEI
18 96 ,
,F�
275 February 15, 1990
�Y OF
CITY OF MIAMI
Q m mco
040� lilts FtoDOCUMENT INDEX
larnmMv.. FEBRUARY 15, 1990
PAGE NO: 1 Of 1
REAFFIRM THE CITY'S COMMITMENT TO HISTORIC PRESERVATION AS SET
FORTH IN THE ZONING ORDINANCE - DECLARE THAT OWNER CONSENT
WILL NOT BE A CRITERION FOR THE DETERMINATION OF HISTORIC
DESIGNATIONS.
ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF
ORANGE BOWL STADIUM BY UNITED SPORTS OF AMERICA - FOR 1990
COORS MOTORSPECTACULAR - EXECUTE AGREEMENT.
AUTHORIZE EXECUTION OF A CONSENT FOR COLLATERAL ASSIGNMENT
OF THE CONCESSION AGREEMENT FROM TERREMARK AT DINNER KEY,
INC. TO FLORIDA INTERNATIONAL BANK.
APPOINT COMMISSIONER DE YURRE AS CHAIRPERSON OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY'S BOARD FOR THE TERM OF
ONE YEAR.
ACCEPT BIDS: (A)COASTAL UNILUBE, INC., AND (B) CONSOLIDATED
OIL CORPORATION TO FURNISH MOTOR OIL AND LUBRICANTS TO
DEPARTMENTS OF FIRE AND G.S.A./FLEET MANAGEMENT DIVISION.
AUTHORIZE ESTABLISHMENT OF AN ANTI -DRUG EDUCATION PROGRAM r
ALLOCATE FUNDS ($300,000) FROM LAW ENFORCEMENT TRUST FUND,
SUBJECT TO CERTAIN CONDITIONS.
EXECUTE NON-EXCLUSIVE AGREEMENT WITH MIAMI RIVER RECYCLING/
ATLANS IRON COMPANY (JOINT VENTURE) - FOR PURCHASE OF
RECYCLABLE FERROUS MATERIALS AND WHITE GOODS DUE TO IMPLE-
MENTATION OF "THE CITY OF MIAMI" - RECYCLES" (A RESIDENTIAL
CURBSIDE RECYCLING COLLECTION PROGRAM, BY DEPARTMENT OF
SOLID WASTE).
EXECUTE NON-EXCLUSIVE AGREEMENT WITH DURBIN PAPER STOCK
COMPANY - FOR PURCHASE OF RECYCLABLE MATERIALS DUE TO
IMPLEMENTATION OF "THE CITY OF MIAMI - RECYCLES" ( A
RESIDENTIAL CURBSIDE RECYCLING COLLECTION PROGRAM, BY
DEPARTMENT OF SOLID WASTE).
APPROVE USE OF TWO ACRES OF CITY -OWNED FERN ISLE NURSERY
SITE BY MUNICIPAL: TRUST FUND CORPORATION REGARDING DEVELOPMENT
OF A COMMUNITY SERVICE FACILITY.("CASA PROJECT") -
AUTHORIZE EXECUTION OF REVOCABLE PERMIT.
DENY APPEAL AND CONFIRM ZONING BOARD'S GRANT OF SPECIAL
TO CONSTRUCT RESIDENTIAL UNITS FOR PROPERTY LOCATED AT
2573 TRAPP AVENUE, WITH PROVISOS.
APPOINT JULIO GONZALEZ RABULL, OR. AS MEMBER OF MIAMI SPORTS
AND EXHIBITION AUTHORITY.
DIRECT THAT PREVIOUSLY AUTHORIZED R.F.P. FOR SECURING
BANKING SERVICES BE AMENDED TO DELETE REQUIREMENT, THAT
SELECTED BANK BE MEMBER OF FEDERAL RESERVE SYSTEM.
OVAL OM W
(RESOLUTIONS)
90-0138
90-0139
90-0140
90-0145
90-0147
90-0148
90-0149
90-0150
90-0152
90-0154
90�0163
90r0171